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HomeMy WebLinkAbout01-06-11"'~ REV-1500 Ex(°'-'°) PA Department of Revenue pennaylvania Bureau of Individual Taxes ~~^~~~ Po Box.zsosol INH Harrisburg, PA 17128-0601 F 1505610143 OFFICIAL USE ONLY County Code Year File Number 'ANCE TAX RETURN 21 10 0441 )ENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number .Date of Death 206 32 1455 04 08 2010 Decedent's Last Name Suffix KREIDER (If Applicable) Enter Surviving Spouse's Information Below Date of Birth 05 24 1935 Decedent's First Name EDNA Spouse's Last Name Suffix Spouse's First Name Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL INAPPROPRIATE OWALS BELOW 1. Original Retum ^ 2. Supplemental Retum ^ 4. Limited Estate ^ qa. Fuwre Interest Compromise (date of death after 12.12$2) © g. Decedent Died Testate (Attach Copy of Will) ^ 7 peoed t Mein~a~ned a Living Trust (Aftach~Gapy or Trusq ^ 9. Litigagon Proceeds Received ^ 10. ~~ Pp~vCred~t ldat~of death ^ 3. Remainder Retum (date of death prior to 12-13-82) ^ 5. Federal Estate Tax Retum Required ~ 8. Total Number of Safe Deposit Boxes ^ 11.Election to tax under Sec. 9113(A) (Attach Sch. O) MI L MI curtResPOtvDEN7 -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number ANDREW L SAYLOR ATTY 717 291 1700 First line of addrotss 41 EAST ORANGE STREET Second line of address City or Post Office LANCASTER Corrospondent's e-mag address: _ asaylor~ghk.com State ZIP Code PA REGISTER OP~fILLS USE CUdL.Y ~O f „_ ' r- r~~n ~ ~~~ ~~~ rn r;:. ~ t^~ C7 ~O-n ~' - ~`~ ~ ~ - DA FILED ~:~ T7 e] -Y i._.°;~ i r; 1 ~~ :~ m Under penal8ea of perjury, I dedNre that 1 have examined this return, Indudmg accompanying schedules and atatemerhs, and to the heat of my knowledge and Uelief, it is true, eorred and complete. areUon of preparer other than the personal representative is based on all infomnatlon of which preparer has any knowledge. SIGNATURE OF PERSON RESPON IBLEFOR FILING RETURN DATE f•--. Tl~~----Q ~ ~-~'~. David L Kreider fZ~ 3a -'?.o(~e SIGNATURE OF ER OTHEN THAN NTATIVE DATE _ A ~ C Andrew L. Saylor Atty ~ Z, - 3 D . ~ ~ O ADDRESS ~". 41 East OrVange Street, Lancaster, PA L 150561[]143 Side 1 1505610143 J v~ J 1505610243 REV-1500 EX Decedent's Social Security Number oecedenr,Neme: Kreider, Edna L. 206 32 1455 RECAPITULATION 1. Real Estate (Schedule A) ....................................................................................... 1. 148 , 000.00 2. Stocks and Bonds (Schedule e) ............................................................................. 2. 72 , 866.29 3. Closely Held Corporation, Partnership orSole-Proprietorship (Schedule C)......... 3. 4. Mortgages & Notes Receivable (Schedule D) ........................................................ 4. 14 6 , 12 4 . 5 6 5. Cash, Bank Deposits & Miscellaneous Personal Pro party (Schedule E) ............... 5. 39 , 966.94 6. Jointty Owned Property (Schedule F) ^ Separate Billing Requested............ 6. 7. Inter-Vivos Transfers & Miscellaneous I ~q Probate Property (Schedule G) u Separate Billing Requested............ 7, 110 , 341.87 8. Total Gross Assets (total Lines 1-7) ..................................................................... 8, 517 , 299.66 9. Funeral Expenses & Administrative Coats (Schedule H) ....................................... 9. 3 6 , 618.55 10. Debts of Decedent, Mortgage LiabilRies, & Liens (Schedule I) .............................. 10. 8 , 401 • 81 11. Total Deductions (total Lines 9 & 10) ................................................................... 11. 45 , 020.36 12. Net Value of Estate (Line 8 minus Line 11) .......................................................... 12. 4 72 , 2 7 9.30 13. Charitable and Govemmentaf Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) ............................................... 13. 2 3 6 , 13 9.65 14. Net Value SubJect to Tax (Line 12 minus Line 13) ............................................... 14. 2 3 6 ,13 9.65 TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate, or transfers under Sec. 9116 (a)(1.2) X .00 15. 0.00 16. Amount of Line 14 taxable at linealrateX .045 236,139.65 1s. 10 626.28 17. Amount of Line 14 taxable , at sibling rate X .12 0. 0 0 17. 0. 0 0 18. Amount of Line 14 taxable at collateral rate X .15 0 . OO 18. 0.00 19. Tax Due .......................................... ....................................................................... . 19. 10 , 62 6.2 8 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT. Side 2 L,~ 1505610243 1505610243 J REV-1500 EX Page 3 Flle Number 21-10-0441 Decedent's Complete Address: DECEDENT'S NAME Kreider, Edna L. STREET ADDRESS 235 Messiah Circle CITY Mechanicsburg STATE ZIP PA 17055 Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) (1) 10,828.28 2. Credks/Payments A. Prior Payments 9,832.50 B. Discount 517.50 Total Credits (A + g) (2) 10,350.00 3. Interest (3) 4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. (4) Check box on Page 2 Llne 20 to request a rotund 5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 276.28 Check Payable to: REGISTER OF PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: Yes No a. retain the use or income of the property transferred :................... ^ a ............................................................ b. retain the right to designate who shall use the property transferred or its income :.................................. ^ c. retain a reversionary interest; or ............................................................................................................... x d. receive the promise for life of either payments, benefits or carer ....................... , , ^ .................................. . . If death occurred after December 12, 1982, did decedent transfer property wRhin one year of death without ^ ^ receiving adequate consideretionT ........................................ x 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her deathT....... ^ 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which contains a beneficiary designationT ..................................... ~ ^ ................... IF THE ANSWER TO ANV OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994 and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. §9116 (a) (1.1) (i)]. For dates of death on or after January 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 0 percent p2 P.S. §9116 (a) (1.1) (ii)]. The gtatute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the onty beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent, or a stepparent of the child Is 0 percent [72 P.S. §9116 (a) (1.2)]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is 4.5 percent, except as noted in 72 P.S. §9116 1.2) [72 P.S. §9716 (a) (1)]. . The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percent [72 P.S. §9116 (a) (1.3)]. A sibling is defined under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. Rw-1602 EX+(11-08) I SCHEDULE A REAL ESTATE conlMOlmenlni of rera+snvu~u trelERlrwce rnx aE1uwN reESioeNloECenerrt ESTATE OF Edna NUMBER All nrol Pew ~~n a or ae a tenant In common must W ropoAsd a! fair market value. Fair medcet valor is defined as the price at which property woultl be frp buyer end a w111"up seller, neither being compelled to buy w Bell, both havinngp reasonable knowledge of the relevant facts. Real property whleh k joindyowmsd wah right of wrvlvorsMp must be dbeloasd on seMtlule F. AHach a copy Of fhs settlement sties! M Ihs properly hu Goan sold Inclutle a copy of the deed showing dsesderrt's Irdsrost N owned ea tanan! In common. fTEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Decedent's real estate -located at 531 Snyder Avenue, Elizabethtown Borough, Lancaster 148,000.00 County, Pennsyvlania, and more fully described in a deed dated 7/18/1984 and recorded at S -88-00019. Sold to Susan L. ~Iliams on May 20, 2010. Consideration TOTAL (Also enter on Line 1, Recapitulation) I 148,000.00 (K more space is needed, addfional pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule A (Rev. 11-08) Rw~1a0~ EX. (aAB) COI~IMONwEALTH DF FENNSYLVANu INHERITANCE TA%RETURN RE8IDENT DECEDENT SCHEDULE B STOCKS ~ BONDS G~71AIC Vr' Kreider L. NUMBER - ..,-., NI Pr°WNY )oilltly-ownW wNh daht Of sunAvondlip mua! bs dlulosed on Schedule F. ITEM CUSIP NUMBER NUMBER DESCRIPTION UNIT VALUE 1 400.163 shares of Growth Fund of America Clasa F -date of 28.6799629 death value 2 I 1567.752 shares of MMA Praxis Core Stock A -date of death 111.9899886 value 3 I 1769.231 shares of MMA Praxis International A -date of death 110.3199949 value 4 793.651 shares of MMA Praxis Mutual Funds Growth Index 9.1899966 Class A -date of death value 5 Intermediate Income Fund Class A -date of death value 10.3000004 8 1,808.356 shares of PAX World High Yield Bond Fund -date 7.8499975 of death value 7 815.661 shares of Principal Investors High Yield Fund -date 7 9499817 of death value . TOTAL (Also enter on Line 2, Recapitulation) VALUE AT DATE OF DEATH 11,476.66 6,807.34 7,938.46 7,293.85 18,870.10 14,195.59 8,484.48 72,866.29 (Ir more apace is needed, additional pages of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Fonn PA-1500 Schedule B (Rev. 6-98) Rev-7607 EX+ (8-Y81 SCIiEDULE D MORTGAGES 8r NOTES RECEIVABLE corwkoNwEA~TN of aE+rNSn.vANIA INNERffANCE TAX RETURN RESIDEM DECEDEM ESTATE OF Kreider Edna L FILE NUMBER , . 21-10-0441 All ProP~Y JointlyownW vAth right m survivonhlp mwk be disclosed on Sehedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Dale L. and Carol A. Hess -mortgage dated 12N9/2002, recorded in the Office of the 22,144.33 Recorder of Deeds of Lancaster County, Pennsylvania, Document ID #5143042, in the original amount of 5113,333.33; interest at 4°k; balance due at death Installment Purchase Agreement -decedent's undivided one-third interest In Installment Purchase Agreement dated January 4, 2002, for the sale of an Agricultural Conservation Easement to New Garden General Authority; principal balance 5363,200 payable November 15, 2016. Henry & Edna Kreider had owned an undivided one-thiM interest in the real estate (see Exhibit A of attached Agreement). Upon Henry's death on November 20, 2006, his interest in the Installment Purchase Agreement vested in Edna as surviving tenant by the entireties. Interest 6.1% per annum payable May 15 and November 15. Decedent's 113 interest Accrued interest on Item 2 through date of death TOTAL (Also enter on Line 4, Recapitulation) 121,066.67 2,913.56 146,124.56 (If more space is needed, additlonal papas of the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule D (Rev. 6-98) SCHEDULE E CASH, BANK DEPOSITS, 8t MISC. PERSONAL PROPERTY cotatoNwEwuN of vENNSV~vANu INHERITANCE TAX RETURN RESIDENT DECEnEM ESTATE OF NUMBER Edna ~ ~ - ~ vwwt t Include the~o~etl s of litlpanon and the date the proceeds x~ere revived bbyy nro estate. All property Joirldyowned vdTh Urs daht of survlvaship must he ~selossdon schedule F. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 1997 Toyota Sedan -sold for 3.300.00 2 Personal property -sold for 1,309.60 3 Soclal Security -final payment due estate 1.708.00 4 Citizens Bank Checking Account#6100755673 -opened 9/12/1966; date of death balance (no 17 162 99 accrued interest) . . 5 Citizens Bank Savings Account #6140180783 -opened 10/22/1992; date of death balance 1,361.28 Accrued interest on Item 5 through date of death 0.12 6 Federated Capital Reserves -date of death balance 13,744.77 7 Centrylink -refund due estate 18 68 8 CNA -refund due estate 68 08 9 MMA -refund due estate 339.81 10 Penn National Mutual Casualty Insurance Company -refund due estate 57.00 11 Penn National Mutual Casualty Insurance Company -refund due estate 118.00 12 Susan L. Williams -prorated real estate taxes and trash refunded at settlement 778.61 TOTAL (Also enter on Line 5, Recapitulation) 39,966.94 (H more space is needed, attdlUonal pages or the same size) Copyright (c) 2002 form software only The Lackner Group, Inc. Fonn PA-1500 Schedule E (Rev. 6-98) Rev-7670 EX+ (g-gg) SCHEDULE G INTER-VIVOS TRANSFERS 8 MISC. NON-PROBATE PROPERTY COMMONWFALmi OF PENNBYLVANu INHERRANCE TAX RETURN RESIDENT DECEDENT ESTATE OF FILE NUMBER Kreider, Edna L. 21-10-0441 This schedule must be completetl arW filed if the answer to any of questions 1 through 4 on the reverse side of Ole REV-1500 COVER SHEET is yes. ITEM p DESCRIPTION OF PROPERTY DATE OF DEATH 96 OF DECD'S NUMBER THE DATEHO~F TRDpWF SFRER.Sg7RACH A COPY OFTTHE DEED ~OREREAI EST~ATDE. VALUE OF ASSET INTEREST (~ ~p~ICABIE) T~UEE 1 ProEquities IRA Account #NPC033875 -David Kreider 110,341.87 100.000°~ 110,341.87 and Deborah Groaning (children) beneficiaries; date of death value TOTAL (Also enter on Line 7, Recapitulation) I 110,341.87 (If more space is needed, addkanal pages of the game size) Copyright (c) 2002 form software only The Lackner Group, Inc. Fonn PA-1500 Schedule G (Rev. 6-98) REV•1161 EXr (10-06) COf~rI,~~~~~~~ANIA SCHEDULE H FUNERAL EXPENSES 8 1DMINISTRATIVE COST ESTATE OF FILE NUMBER _ Kreider, .Edna L. 21 10-0441 Debts of decedent must be reported on Schedule I. ITEM DESCRIPTION AMOUNT A. FUNERAL EXPENSES: See continuation schedule(s) attached I 7,252.00 B. ADMINISTRATIVE COSTS: 1. Personal Representative's Commissions Neme of Personal Representative(s) David L. Kreider street Address clo 41 East Orange Street City Lancaster state PA zip 17602 Year(s) Commission paid 2011 1,500.00 2. Attorney's Fees Gibbel Kraybill $ Hess LLP 12,500.00 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zio _ Relationship of Claimant to Decedent 4. i Probate Fees 424.50 5. Accountant's Fees B. Tax Retum Preparer's Fees 7. Other Administrative Coats 14,942.05 See continuation schedule(s) attached TOTAL (Also enter on line 9, Recapitulation) 36,618.55 Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 10-06) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF FILE NUMBER Kreider, Edna L. 21-10-0441 ITEM NUMBER DESCRIPTION AMOUNT 1 Funeral Ex enses Flowere for funeral 75.00 2 Frank S. MIIIer/David T. Sekely Funeral Services Inc. -funeral bill 4,244.00 3 Funeral Honorariums 400.00 4 Weaver Memorials, Inc. -cost of grave marker 2,533.00 H-A Other Admini t ti 7,252.00 5 s ra ve oats BCS Appliance, Inc. -repairs to estate property 74.15 6 BCS Appliance, Inc. -repairs to estate property 192.87 7 Cumberland Law Journal -cost of advertising estate 75.00 8 David L. Kreider - refmbureement for estate property repairs and miscellaneous estate expenses 62.84 9 EAWA -final water paid at settlement 43.56 10 Elizabethtown Borough - flinal sewer paid at settlement 33.60 11 Gerry and Deboreh Groaning -reimbursement for funeral travel expenses 3,371.50 12 Gibbet Kraybill & Heas LLP - reimbureement for recording satisfaction piece for mortgage against estate property 46.50 13 Leffler Energy - repaire on estate property 151.00 Copyright (c) 2002 form software only The Lackner Group, Inc. Form PA-1500 Schedule H (Rev. 6-98) SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS continued ESTATE OF L. FILE NUMBER 21-10-0441. ITEM NUMBER DESCRIPTION AMOUNT 14 PPL Electric Utilities -electric bill for estate property 32 43 15 Prudential Homesale Services Group -commission paid at settlement 8,880.00 16 Prudential Homesale Services Group -broker fee 195.00 17 Recorder of Deeds -estate's share of realty transfer tax 1.480.00 18 Reserve -for miscellaneous estate expenses and filing fees 150.00 19 The Patriot-News Co. -cost of advertising estate 153.60 H-B7 14.942.05 Copyright (c) 2002 form software only The Lackner Group, Ine. Fonn PA-1500 Schedule H (Rev. 6-98) Rsv-1672 l7(+(12.09) SCHEDULE 1 DEBTS OF DECEDENT , MORTGAGE LIABILITIES, 8 LIENS ~o~~TM~P~6riV~A IMIERRAHCE TAX neTUaN r~eicertT oeceoewr ESTATE OF FILE NUMBER Kreider Edna L. 21-10-0441 Repot Wbb ineurrad by tlro decadent prior to dsaM that nmslmd unpaid et the date o/ death, including unrNmburaed mWical eXpenNS. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 1 Alert Pharmacy Services Inc. -bill due at death 22 47 2 Chase Card Services -bill due at death 366.04 3 Citizens Bank Checking Account X100755673 -PPL and CenturyLink bills due at death 77,gg 4 Citizens Bank Checking Account #6100755673 -checks outstanding at death 236.58 5 Lancaster General Health - bill due at death 26.37 6 Leo Kob Co Inc -bill due at death 334.20 7 Messiah Village -bill due at death 5,146.50 8 Messiah Village -bill due at death 1,914.00 9 PPL Electric Utilities -bill due at death 62.79 10 Tax 8 Accounting Advisors LLC -bill due at death 215.00 TOTAL (Also enter on Line 1Q Recapitulation) I 8,401.81 (H more space is needed, addltlonal pages of the same size) Copyright (c) 2009 form software only The Lackner Group, Inc. Form PA-1600 Schedule 1 (Rev. 12-08) REV-7613 EX. (11-08) SCHEDULE J ooM~~~~4~A"w BENEFICIARIES ESTATE OF FILE NUMBER Kreider, Edna L. 21-10-0441 NAME AND ADDRESS OF RELATIONSHIP TO SHARE OF ESTATE AMOUNT OF ESTATE NUMBER PERSON(S) RECEIVING PROPERTY DECEDENT (Words) ($$S) I TAXABLE DISTRIBUTIONS [include outright spousal distributions, and transfers Deborah K. Groaning Box 16 SIB 115 MB R7A 5Y1 CANADA David L. Kreider 540 Mulberry Street Elizabethtown, PA 17022 II. 1 Daughter Son 1/2 of residue after charitable gift 112 of residue after charitable gift Total 118,069.82 118,069.83 236,139.65 ^•~~ ~~~~a~ a~~~~~~~~ w. awknounons snown apove on ones 75 through 18 on Rev 1500 cover sheet 8S eppfopi NON-TAXABLE DISTRIBUTIONS: A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT TAKEN B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS Brethren in Christ Foundation 236,139.65 ~ v •.w yr rnrt ~ kr - crv i crt ~ v i HL nun- ~ AXAHLE pISTR_ IBUTIONS ON LINE 13 OF REV-1500 COVER SHEETI 236,139 85 Copynght (c) 2009 form software only The Lackner Group, Inc. Fonn PA-1600 Schedule J (Rev. 11-08) l'repared'by Gibbet, Kraybill & Hess, Attorneys 41 E. Orange St., Lancaster, PA' 17,602 717.-291-1700 Original is deposited at: SD boz keys: November 5, 2001 WII.L I, EDNA L. KREIDER, of Lancaster County, Pennsylvania, revoke any prior wills and declare this to be my will: I. Personal and Household Effects: I give all my clothing, furniture, motor vehicles and other articles of personal or household use, including insurance on that property: A. To my husband, HENRY L. KREIDER, if he survives me by thirty (30) days. If my spouse does not so survive me, I give all such property B. In accordance with any memorandum which I date and sign at the end (and which I intend to place with my signed will). Such gifts shall be given, however, only to persons who survive me or to organizations that exist at my death. If there is more than one memorandum, with conflicting provisions, the latest memorandum shall govern. To the extent the property is not effectively given, I give the balance C. To my children who survive me to be divided among them as they may agree; provided that articles which are not so divided may be sold and the proceeds thereof added to my residuary estate. II. Kreider Family Farm: If my spouse does not survive me, and I have no surviving descendants, I give my interest in the Kreider Family Farm in Mount Joy Township, Lancaster County, Pennsylvania, to those who then own the farm, in proportion to their ownership interests. III. Residuary Estate: I give the residue of my estate, real and personal: A.. To my husband, HENRY L. KREIDER, if he survives me by thirty (30) days; or, if my spouse does not so survive me, B. As follows: 1. I give to the BRETHREN 1N CHRIST FOUNDATION, Grantham, PA, an amount calculated•as follows: one-half of this residue, plus one-half of the balance of any retirement accounts ,and farmland easement payments passing to a beneficiary other than my estate upon my death. If the Foundation is the recipient of any such retirement account or farmland easement payments, this gift under my will shall be reduced by the amount of the date-of--death balance of the retirement account or farmland easement payments passing to the Foundation. J 2. I give the balance in equal shazes to my children, DAVID L. KREIDER and DEBORAH K. GROENING, who survive me. If a child of mine is not then surviving, but has surviving descendants, I give my child's share to those descendants, per stirpes. I hope but do not require that my executor include my interest in the Kreider Family Farm as part of my children's shares. If I have no surviving descendants, this gift shall be added to the gift to the BRETHREN IN CHRIST FOUNDATION described above. IV. Beneficiaries Under Twenty-One (21) or Disabled: If any beneficiary becomes entitled to an outright distribution of income or principal and is (i) under the age of twenty-one (21) or (ii) in my executor's or trustee's opinion, disabled by illness or other cause and unable to properly manage the funds, I give the share of that beneficiary to my trustee, IN TRUST, and thereafter: A. As much of such income or principal as my trustee may from time to time think desirable for that beneficiary either shall be paid to him or her or shall be applied for his or her benefit; and B. The balance of such income and principal-and the net income from those funds-shall be kept invested and managed as a sepazate trust for that beneficiazy, with the trust funds paid to or for the beneficiary in accordance with the provisions of the preceding paragraph. When the beneficiary reaches the age of twenty-one (21) or, in my trustee's opinion, becomes free of disability, as the case may be, the balance shall be paid to the beneficiary. If he or she dies before that time, the balance shall be paid to his or her estate. C. In the alternative, in the discretion of my executor or trustee, any property that is being or would be held by my trustee under this article for a beneficiary under age twenty-one may be deposited in the name of the trustee or the guazdian of the estate of the beneficiary, to be held free of this trust under the Uniform Transfers and Gifts to Minors Act of any state. Any funds to be applied under this article either shall be applied directly by my trustee or shall be paid to a pazent or guazdian of the beneficiary or to any person or organization taking care of the beneficiary. My trustee shall have no further responsibility for any funds so paid or applied. V. Protective Provision: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. VI. Death Taaes: All federal, state, and other death taxes payable on the properly forming my gross estate for tax purposes, whether or not it passes under this will, shall be paid out of the 2 principal of my residuary estate just as if they were my debts, and none of those taxes shall be chazged against any beneficiary. VII. Management Provisions: I authorize my executor and trustee: A. To retain and to invest in all forms of real and personal property; B. To compromise claims and to abandon any properly which, in my executor's or my trustee's opinion, is of little or no value; C. To sell at public or private sale, to exchange, or to lease for any period of time any real or personal property, and to give options for sales or leases D. To disclaim any part or all of any property, power, or interest passing to me or for my benefit under any will, trust, or otherwise; and E. To distribute in kind and to allocate specific assets among the beneficiaries (including any mist hereunder) in such proportions as my executor or my trustee may think best, so long as the total market value of any beneficiary's share is not affected by such allocation. F. These authorities shall extend to all property at any time held by my executor or my trustee and shall continue in full force until the actual distribution of all such property. All powers, authorities, and discretion granted by this will shall be in addition to those granted by law and shall be exercisable without leave of court. No tnastee or executor shall be required to give bond. VIII. Trustee: I appoint my son, DAVID L. KREIDER, and my daughter, DEBORAH K. GROENING, catrustees of any mist created.herein. IX. Executor: I appoint my husband, HENRY L. KREIDER, executor of this will, but if he fails to qualify or ceases to act, I appoint my son, DAVID L. KREIDER, and my daughter, DEBORAH K. GROENING, co-executors in his place. If they both also fail to qualify or cease to act, I appoint my husband's brother-in-law ROY PETERMAN executor in their place. Executed ,0 ~ ~ ~_ ~° ~~,~~ (sue) (Edna L. Kreider) our presence the above-named testatrix signed this and declazed it to be her will, and now pest, in p s ce, and in the presence of each oth we sign as witnesses: ~ ~ ~~ 3 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LANCASTER ) I, Edna L. Kreider, having been duly qualified according to law, acknowledge that I signed the foregoing instrument as my will, and that I signed it as my free and voluntary act for the purposes therein expressed. ~~ ~. ~~~ Testatrix We, having been duly qualified according to law, depose and say that we were present and saw Edna L. Kreider sign the foregoing instrument as her will; that she signed it willingly and as her free and voluntary act for the purposes therein expressed; that each of us in her sight and hearing signed the will as witnesses; and that to the best of our knowledge she was at the time eighteen years of age or older, of sound mind and under no constrain or undue influence. Witness ~~ Witness Subscribed, affirmed to and acknowledged before me by the above-named testatrix, and by the witnesses whose names appear above, on the date of the will. .s w L. Saylor, Esquire Sup. Ct. ID No. 57291 On this the ~~ day of ~-' ~ pn before me, the undersigned officer, personally appeared Andrew L. Saylor, Sup. Ct. ID No. 57291 known to me or satisfactorily proven to be a member of the Baz of the Supreme Court of Pennsylvania, and certified that he was personally present when the foregoing acknowledgment and affidavit were signed by the testatrix and witnesses. N tary Pub ' ~ Adaney Ackoowlad~m Notarial Seat Jennifier L. Marcus, Notary Public Lancaster, Lancaster County My Commission Expires Sept. 30, 2004 ~ Member, PennsylvanlaASSOCtation of Notaries COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LANCASTER ) I, having been duly qualified according to law, depose and say that I was present and saw Edna L. Kreider sign the foregoing instrument as her will; that she signed it willingly and as her free and voluntary act for the purposes therein expressed; that I in her sight and hearing signed the will as witness; and that to the best of my lmowledge she was at the time eighteen years of age or older, of sound mind and under no constraint or undue influence. Andrew .Saylor, Witness Subscribed, affirmed to and aclmowledged on this the ~' day of `fio~}(~ ~~1, before me, the undersigned officer, by the witness whose name appears above. No Publi Notarial Seal Jennifer L. Marcus, Notary Public Lancaster, Lancaster County My Commission Expires Sept 30, 2004 Member, Pennsylvania Asso~fan of Notaries U. S. DEPARTMENT OF HOUSING and URBAN DEVELOPMENT ~ OMB No. 2502-0265 l SETTLEMENT STATEMENT ~TO~gTRUE,~ 1 Hershey Settlement Services, InC. B. TYPE OF LOAN P.O. Box 412 t. FHA ~ 2. FMHA 3. CONV.UNINS. Hershey, Pennsylvania 17033 5. CONV.~N S Phone: (717) 533-4868 FAX: (717) 533-2582 6 FILE NU . . MBER: AN NUMBER: 5230 611400 MORT. INS. CASE NO.: :. NOTE: Thb form b fumbhe0 to pion you ^ statement of actual setlbment ousts. Amounts paid to and by the setllemenl agent are shown ' ' . Items marlud (p.o.CJ wero paid outside Ole dosing; they are shown hero for Mfonnatbn purposes and aro not Induded in the totals . NAME AND ADDRESS OF BORROWER: E. NAME ANO ADDRESS OF SELLER: F. NAME AND ADDRESS OF LENDER ~asn L WlBfama EsLb of Edna L Kreuter Hershey Fadarel CrodB Unlon David L Knkbr, Executor 132 Mount GrWu Rd., Apt. 3 S31 SnyderAwnw 904 E. Cirocolah Awnua Wbethtown PA 17022 EIIZeOBOrtOwn PA 17022 Hershey, PA 17033 . PROPERTY LOCATION: H. SETTLEMENT AGENT: Henhey Settbment Services, Inc. 1. SETTLEMENT DATE: N Snider Awnua trabeMtwm, PA 17022 May 20 2010 TnBrfdey izabelhtown Bdrolgn PLACE OF SETTLEMENT: 310 W Choeolste Awnua . rneastar County, PA Hsrehey, PA 17033 J. 9UNMARY OF BORROWER'S TRANSACTION K SUMMARY OF SELLER'S TRANSACTION 0. Gras Amount Due From Berrvwer 400. Groan Amount Due to SNlsr 1. Conbad nabs pdw 148.000.00 401. Contrott sales prke 2. Penonsl Properly 402. Personal Property 148,000. 3. Satlbmsnt Chsryes (Ilne 1400) 7,124.11 403. 4. 404 5' -- 405. AdJusMants for tlerns Wld in advsnp by selbr(s) AdJustrnenb for items paid fn advents hY selbr(s) 8. City?own Ux to 406. CkylTOwn taz to 7. Counry/C4y tax 52012010 l0 12/31!2010 551.17 407. Counry/C6y tax 520/2010 W 12/31201D 8. Aesessmenb to 408. Aesesamenta 551.1 7 9. Sdaol Tax 5202010 to fiTJ02010 208.98 409. Scholl Tax 5202010 0 &302010 0. Sewer 520/2010 to BTJ02010 29.40 2~•~ 410, Sewer 5202010 to 8/302070 Trash 8202010 to 8/302010 18.48 29.40 411. Trash 5202010 to 81302010 2. to 1!1.48 412 to 0. Gross Amount Dw hum Bonower 155,992.12 420. Gross Amount Due to Seller 0. Amounts Pald By Or In BshaN Of Bonower 1/8,808.01 500. Raductlom In Amount Dw To Seller t. Daposk or aameat money 7,000.00 501. F~roesa depoad (nee baWdbns) 2 Principal Amount W new loan(s) 118,400.00 502. Settlement charges to aelbr (hne 1400) 3. Exbtlng ban(e) taken subjeM to 4. 10,681.58 503. Existing Iwn(s) taken subjetl to 504. PayoB of Flrot Mortgage Loan 5. 505. PayoN of Second Mortgage Loan Curo for tdsrenca 298 00 8. SOB 7' 507. 8. 508 9. ~ Adjustments for Hams unpaid bT seler Adjustnronb for 8eme unpeW M seler 0. Ctly/Town tax to 510. Cily/TOwn tax to 1. Counry/City tax b 511. Counry/Cky tax to 2. Assaasmenb t0 512. Aaaeasmenb to 3. School Taz to 513. Sdtool Tex to 4' to 514. to 5. to 6 515. b . to 7. 516. to 517. B. 9. 5111. 51 B. D. TWaI Paid bYffvr Borrower 118,898.00 520. Total Reductlon In Amount Dw Seller 0. CASH AT SETTLEMENT From?o BORROWER 10,861.56 600. CASH AT SETTLEMENT To/From SELLER 1. Gross amount dw hum tartower (Nna 120) 155,932.12 801. Gross Amount tlue Seger (line 420) 2. Less amounts paid by8or bortower (8w 220) 119,BB8.00 i4B,808.01 802, Leas rotluaion M amt due seller li 520 ( ne ) 10,861 3. Cash ®FROM ^ TO Borrower 38,236.12 603. Cash ®TO ~ FROM Seller 138,146.1 Buyer or Bortower's Sgnsturo Seller ay t~ a ~ ~~ r ~~~ ("u~r HUD-1 L. SETTLEMENT CHARGES ' ~ ""~;ast f 82J0 700. Tobl Rand Estlda Biokai Fsss f ~ 148,000.00 DNislon of commiesbn (Nns 700) as folbws: Paid From Pald From 701. 8,880.00 .. - to Pnldential Homesab Servkes Group Borrowefs Selbr'a 702. to Funds At Funds At 703. Commbaion paid at Settlement Ssltlsmmt Settlement 704. Broker Fn to Prudential Homseab Services Oroup 6,880.00 800. kerru Payable in Cpnrla0t1011 With Loan 185.00 183,00 801. 802 Our orl0instlon tllarpa 0.50071 arf582.00 1.522.00 (from (GFE •i) . Your oredk Or chsrpa (ix,Mnb) for tM interest rate chosen f 582 00 803. . Your adjusted orlpinadon charpea to Henhay Fetleral Cretlk Un (from (GFE 62) 804. Apprabal Fes to Maparo (from (GFE A) 2,114.00 0.00 805. Cred'A Report to (from (GFE r3) 150.00 508. Tax Service Fee to (from (GFE 83) 807. Flood Osbrmbation Fee to Fidedty Flood (from (GFE M3) 808. (from (GFE s3) 8.50 to ~' to ato. to e11. 812. to Tax Research to CU Msmbere Mortpape 813. to . , 90.00 814. to 800. Items Required fry Larlder fo Bs PNd in Advanu 901. Oaky fnbrast duryee from 5/20/2010 l0 5I3t12010 ~ f 182200 1daY. (from (GFE 810) 1 802. Mortpaps insurenw pramiun for 0 montlla to 94.64 903• 1lomsoamars Insurance Ixsmhan fo1 yaare to llomsSab Insurenm f254 00POCB (from (GFE 83) 804. . t0 (from (GFE s11) 1000. Reserves Oaposlled vvltlr Lender 1001 1002. Homsolvnera Irlsunnee ~ ~ ~~ -_-- 9 MonMS @ S 21.17 51 (from (GFE A'9) rtltonth 63 1,222.59 0.00 1003. MortOsps Insurenee 0 Monhs ~ f . Mlonth 1004. Properly law 8 Months ~ f 224 84 (M th 1005. . 0 Montle ~ f on 1,348.84 /Month 1 ~' 0 Months ~ f (Month 1007. AgOre9ats Adjustment -180 58 1100. Tills Cfruyae . ./~ % ~'~~ 6uyar llolreNiars SlanaUxa Buyers Address a Phana: 1 J.... ~ T K.A 1+~\ ~Y A r Vtd V' w~r~awro Sellers NewAddreas 8 Phone: T11a HU0.1 S BbtarneM rddGl 1 hJJJyyy'''ssa pepyarep bps yy~e,,a~jnd_amxale e~yll dthh tnlneectlon. I have ®ueW orwp wane Ne NrMe to be d4buraed In eagrdena wIN (hie .,t IIIr////r//// ~~~1/s' s S-2o-( O WMNMG' n b • Mme b kmMnpy make Wes slabmems p me UNW Stnea an min a any sknllar /errn. Panartlss upon oenMtlion do hrSUda • Bne and rm sonmsM. Fa dWlla see Txb 10: U.S. cod. Saetlan 1001 and Sadbrr t070. pn Fettles aproe Hat m Ibdgy h aaeumsd ly Satllemerd AyMd for Me amlrecy rX fnfonna5on Nrnbtled by OdNfa N sllonn on tlN HUD-1 Seltlemem StalBmant I have careluly revbvred the HU0.7 Settbment Ststament and to ms bast M my knowied0a and trelbf, k fs ^ Gus and acglreb statement of ail receipts end dbbureementb made on my acmunt by me b Mb transsctbn. I furtlror tertky that I have reteMed s copy of the HV0.1 Settlement Statement Jennifer Marcus From: Andy Saylor Sent: Monday, April 26, 2010 3:21 PM To: Jennifer Marcus Subject: FW: Edna Kreider Attachments: Kreider, Edna.pdf From: Wanda.Shenk@mmapartners.org Sent: Monday, April 26, 2010 3:07 PM To: Lee Shertzer Cc: Andy Saylor Subject: Re: Edna Kreider [mailto: Wanda.Shenk@mmapartners.org] Attached is a list of accounts that Edna Kreider had with our office-as of 4/8!10. Also, her IRA account lists 2 beneficiaries: David Long Kreider, 50 & Deborah Long Groening, 50%. If you need more information, or when the executor is ready to set up the estate account, please contact us. Wanda Shenk Assistant for W. Lee Shettzer MMA -Mount Joy Office 960 E. Main Street Mount Joy, PA 17552 Toll Free: 1-800-653-9723 Telephone: 71753-6662 Fax: 717-653-6214 wanda.shen kt~mmaoartners. ora Securities offered through registered representatives of ProEquities, Inc. Registered broker/dealer. Member FINRA and SIPC. Not NCUA insured. May involve loss of principal. No credit union guarantee. MMA and Mennonite FlnanGal Federal Credit Union are independent from ProEquities, Inc. From: Lee Strertzer <Iee.shertzerdQamail.com> To: Andy Saybr <asavlor@9to~Ch.com>, Wanda Shenk <wshenkfc~norlancoflnanaal.com> Date: 04/22/2010 01:54 PM Subject: Re: Edna Kreider We should have that for you next week. We aze currently away at a conference. On Apr 21, 2010 1:26 PM, "Andy Saylor" <asavlor _,gkh.com> wrote: Holdinaa by Irn-eator Edna L Kreider Wilbur L Shertzer Kreider Edna 531 Snyder Ave Irrvestment Advisor Representative Date: 04/08/2010 Elizabethtown, PA 17022 980 East Main Street Greeted: 0 4/26120 1 0 Mme Norlartco Financial Services Mount Jay, PA 17552 {717)853-6882 Edna L Kreider Aoet Nama:NPC019239 CES'~(~') Aeet No:NPC019239 Rep. No:486 'T(~'~'^*'•:i:f1 ~Yr.a:rJ'S:.fT„~~:'~i°, i'raS7^_ :.'~..Pi,~'il:~','?•~1~':rv, ' ~1• _ ___ ~'r~ ~'~-~+_ iy'~.,~~rf,.a`,~.~C..'. 5i~,~,;,ffyi,:, '81.jpi.~'A'h ~::.:. :t J:_r ,`::.. .'~. A;: fS ~A+`s +r ~.''r'~'~. ~,H, ~'}4!~ ~Yi°Yx~.tl'sY~F`i r. S ." r 4 Y .'.' ,1.'.. ..~, ,,. i rK , , ~'(•yJ1~l,. gnri. y r ~ 2.J +~4~r>,..:. 4. ~~JyW.';RRiK'1Cf_£l'At4Gi'eF~`f3W7hF7D~C': `.~A~~;.,•~ ~$I(S'.= - Acct Typa:lndividual ,c-a,c `~~_ `~3~7lFA~~7+7'.~.. i:~''1:~*' 18f7'44>7T ~ ~ - a~' - - •..: ~ ' ~rTj~¢J~' TP:Ijt F ~ f lrf (i ~~'` : i5. •.''I'f'4: l` ~)t' e.`I' I: f}.. 1 : ~ , J .. '~YrT' ~~x is" -.t, ,:. „:: ~ tI L'_S't V . . . : :f'•,~'. raw ': "•}.s:. :•~. t ,. . e ~FP.86~&b'=' =i4~?y~:~. . :;6,807.314 _Y~1'1.si9 +J1~~. r.~~~~ gy ~,~, ,'r Y ~ 1' r r' 1 ~d '~~n ~ ~ (r . . r ; . - - r '.r.' ... r, . . . L Acaowit Total: 588.81' Acct Nema:NPC033876 Aoet No:NPC033875 ~~y5) Rsp. No:486 f•. n~.. 'j'_ _}:: Y1 I ~ _ }r. •''}'.. 1'" __ _ .r~ _ ( ' CA1tYEItT'INCt~I+ilEi?~~7A'. - ~ GFIG?JS' ~• BQ!WDS " ;. Lr CIA,. - .:~~~' I:~C~Ip7G:' ~,:'.'L'h5;~5' ~ ,-( ... t.. !':•y:(. :l.~ F,.,. (.~., .,~~rtry .~ "' .. ~~'''!'' J~ a v., ~ (;AL'WERTVV,OFtLD'Y1AL~Ik"S~1NTL :G.~'I~IJ~t7S;t3'i~CfC1C$'fjA,„t I8Ht1~ES'1#~.I~DF>-~,'-F.iSP'.'154Q`1N_`.:181~;~ ;;,' .U~. ~ ~IMD ~iifL6~oa&5719,.~'t4~1(r'INr~~f~~i4~. ..:~~~5.'~; ;'i~i~`D:1'7fl1(~+~"c .,.. ',,~rYt ffN-t~IWl~tt'IwT1. GFIGNM~'H:A:::•?'W~4" :;, ..j ~..... ... ..._.. .,. .... .. d.: p:~ : ` . ,. ;'.; AeetType:Retirement Account L.'FS~j*_;5'."E~ -"ir nit i:'' 'J.'. : ,. _r.J :~•v;,'. ~ i 'i ~ ::. `•;? /:.:.''.r: .~.~. . .. :Y. y .. - ~ . . 'Yt` ~'1A2EIiV;~: ' AS:i<!4'_ 18'gS1'01 T ?' :` ~~ : . r "Lt~.l ~1 .yeti'' .'X.':.I.y~.'. ' ' _ _i ... i. '1`~~' .'.' ~~)x~ n a iiusi ~~ e~:io~ : s;aepiao 1J~f3~ , ' .. y, ..'t4 ,. y f~ ,, 7.''~i~ .r y~ H a~~idtl?: ~..,,.`,:.,45d.~• ~~ ` as,~1-. ~ • `:11,see~~. " ~ ~ ~' ` ~ : ~ t.az3:~g:.' : ~I:`.,~ ~::::.: ::. . r:gs . _ i~t.3zas2~: Inmmplne Y proaaNed althout aacom{mlrylny dladauro pays Payo 1 of S Holdings by Imrestor Edna L Kreider tMltwr L 5hertrer Kreider Edna 531 Snyder Ave Invesfinent Advisor Representative Date: 04/0 812 01 0 EC¢abetlttown, PA 17022 880 East Main Street Created: 04/26/2010 Mme Norlanco Flnenclal Services Mount Joy, PA 17652 (717)863-6662 AOCOlIM70[el: ~n u,» ~.m IrerostorTotal: 5199,932.98 Incompl~a H prapn0ad wNhrnR acmmpanyMp Oistloauro peps Papa 2 d 3 Holdings by Investor Edna L Kreider Wilbur L Shertzer Kreider Edna 631 Snyder Ave Invesbnent Advisor Representative Date: 04/08/2010 Ellzabettttovm, PA 17022 980 East Mein Street Created: 04/26/2010 Mrrre Norlanco Financial Services Mount Joy, PA 17552 {/17) 653-8662 Disdosun: Advisory servkes offered though krvestrnertt Advisor Reprwsntatlva. t3ecurtllss ottared through ProFAultles, Ina, member FI NRAf31PC. ProEqutlbs, Ina and IrrvsatmeM AdvNor Raprssentatlve ere eAtliated carpanlse. Values ere as of 04/08/2010 unless otherwise rwted.4vs believe lhs sources to be rellabM, however, the accuaq and oompbteness of the Inbrmalion 4 not guaranteed, sa tl Is a mnrptlatlon of Inicrme8on from varbus tY>endd souroes (mutual furMs, direA partlcipalion programs, corresporrderd brokere, etc.). In the evwd of any dbcrepancy, the apansar's vatuatlan she8 prevail. Porkrmarue dds quoted rspresarrls peat parfomrence and does not guarantee future results. The InveatrneM return and prMcipal of an IrnreetmeM will fludueee so that err imreaa'a shsros, vvhM1 redesmsd, may bs worth more w less than odplnal cost when redeemed. Ttrs vakus repressnNd br Urle report msy not reflect the bus orlpYwl cost of the disnPs AWN IrnroslmeM. Ca~uistbns and de4r provided should not be relied upon for tax purposes, use orginel corttirmatlaro and 108gb instead. TM IMortrwtbn contained M these roports is colledad from sources betlevad to ba retlabls, tavvever the axurecy end oomple~ness of the Intbrmation is not gueanteed. Always rely on ahtemeMa you racshro directly from product sponsors, where valuetlon ahetl prevail In the event of arty diecroperwy. If you have any qusslbrn repardng your report, please cent your ropresaMatlve. Fortae-twred accounts only: The tiguras may a may not reflertt the deducllan of trfvasOment advisory fees. H the IrnsahneM b bMng managed 8rrough a fee-based account or agreement, the rehans may ba reduced by those apptlcads advisory fees. Rafsr to your Advisor's Form ADV, Part II. Page 9 of 9 Thl~ Dooum~nt R~oord~d 01/10/20L'3 Doo Id: 6143642 10:46AM ' R~o~lPt t: 138139 Doo t:od~: 99 Lanoaat~r County, R~oord~r of D~~d~ OffOe~ . ~~~~~~ ~~~~~ ~~~~~~~ ~~ ~~~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ P 143642 8 0.45AM MORTGAGE ~~"`~~ N ~,~~ ~~ d ~•=i n This Mortgage is made this 19th day of December, 2002, between DALE L. HESS and Ctk~OI,~ A.-HESS ("Mortgagor") and HENRY L. KREIDER and EDNA F. ICREIDER, as tenants by the entireties, 531 rtyder A~'~nue, Elizabethtown, PA 17022 ("Mortgagee"). ~ -.:: ~ ~'~ ~ y WHEREAS, the Mortgagor, in and b a certain mo ~~ ~''~ r=te Y rtgage note (Note ), duly executed, bearing even date ~~ herewith, is indebted to Mortgagee, and Mortgagee's heirs, successors or assigns, in the principal sum of One ~ndred ~Ch'~elY'Th T-kirtece Thousand Three Hundred Thirty Three and 33/100 Dollars ($133,333.33) lawful money of the United States of America, payable, with interest thereon, all in accordance with the terms and conditions of the Note; NOW, THEREFORE, in consideration of the indebtedness and for better securing the payment of the indebtedness, and the interest thereon, and all other sums provided for in the Note or herein, to Mortgagee, and the performance of the covenants and agreements hereinafter expressed, Mortgagor does hereby grant, convey, and mortgage unto Mortgagee, the real property (hereinafter called "Land") described on Exhibit "A" appended hereto and made a part hereof; TOGETHER WITH any and all buildings and existing improvements erected thereon; TOGETHER WITH all fixtures, appliances, machinery, furnishings, heating and air conditioning plants, pipes, radiators, gas pipes, electric wiring and fixtures, ranges, boilers, bath tubs, lavatories, sinks, water closets, plumbing pipes, and all industrial equipment and machinery necessary for the operation of the premises as a complete going concern, now in the buildings, erected on the premises, or which may hereafter be placed in the buildings, or in any buildngs or additions which may hereafter be erected thereon, and which the Mortgagor, its successors or assigns, covenants, promises and agrees shall be taken and considered as part of the Land. TOGETHER WITH all and singulaz the tenements, hereditaments and appurtenances belonging to the Land or part thereof, hereby mortgaged or intended so to be, or in anywise appertaining thereto (including but not limited to all income, rents, and profits arising therefrom), all streets, alleys, passages, ways, watercourses, all other rights, liberties and privileges of whatsoever kind or character, the reversions and remainders, and all the estate, right, tide, interest, property, possession, claim and demand whatsoever, as well at law as in equity, of Mortgagor, in and to all of the foregoing or any or every part thereof (the Land, buildings, improvements, fixtures, machinery, equipment, tenements and other property interests being hereinafter collectively called "Premises'. TO HAVE AND TO HOLD the Premises unto the Mortgagee to Mortgagee's own proper use and benefit forever. PROVIDED, that if Mortgagor complies with the provisions of this Mortgage and pays to Mortgagee the principal sum, and all other sums payable by Mortgagor to Mortgagee as are hereby secured, in accordance with the provisions of the Note and in the manner and at the times therein set forth, without deduction, fraud or delay; then, and from thenceforth this Mortgage, and the estate hereby granted, shall cease and become void, anything herein contained to the contrary notwithstanding. 1. AND MORTGAGOR COVENANTS AND AGREES with Mortgagee that until all money obligations hereunder and under the Note are fully paid, the Mortgagor, with respect to the Premises will: a. Maintain non-assessable fire insurance, with "extended coverage," on all insurable property now or hereafter thereon, in such form and amountls (not less than the principal debt), and with such insurers, as shall be satisfactory to the Mortgagee and reasonably necessary to secure payment of MortgagoYs money obligations in case of fire or other casualty; deliver original insurance policy, and all endorsements and renewals thereof, to the Mortgagee; maintain no such insurance not marked for the benefit of the Mortgagee with a standard mortgagee clause; and in case of loss, immediately give notice thereof to both the Mortgagee and insurer/s and take all actions requisite for collection of the insurance; b. Pay all real estate taxes, water and sewer rents, and other lienable chazges and assessments now or hereafter lawfully imposed thereon by any public authority, before they become delinquent, and produce to the Mortgagee, by December 1 of each year, receipts therefor and for premiums for the above-mentioned fire insurance for the current year, and also pay promptly when due all income, withholding, social security, unemployment compensation, corporation, franchise, capital stock, excise or other Federal, State or local taxes which are or may become liens on the mortgaged premises having priority of lien or payment over this mortgage debt, and famish evidence of such payment to the Mortgagee on the letter's demand; and o. Keep the Land in such good order, condition and repair as the Mortgagee may require; make no alterations without the Mortgagee's written consent; refrain from committing or permitting the commission of waste; permit inspection by the Mortgagee at all reasonable times; and refrain from transferring, or permitting transfer of, title thereto or of any part thereof to others without the Mortgagee's prior written consent. 2. The Mortgagor AUTHORIZES the Mortgagee to procure and pay for insurance and repairs, and to pay taxes and other aforementioned charges in case, and to the extent, of any default by the Mortgagor in performance of Mortgagor's obligations herein, and agrees that any such payments by the Mortgagee, together with interest thereon, shall be added to and collectible as part of the principal debt. 3. Mortgagor acknowledges that any advances made under this Mortgage shall be for the purpose of paying toward, or to provide funds to the Mortgagor to pay towazd, all or part of the cost of completing the erection, construction, alteration, or repair of a part of the Land, the financing of which, in whole or in part, this Mortgage is given to secure. 4. In addition to any other events of default set forth in this Mortgage or the Note, the following actions by the Mortgagor shall constitute an event of default under this Mortgage: a. The Mortgagor's giving notice to Mortgagee of a lien or encumbrance on the Land which is subordinate to the ben of this Mortgage; b. The recording by Mortgagor of any notice or document limiting the indebtedness secured by this Mortgage. c. The receipt by Mortgagee of any notice by any party claiming a lien or encumbrance of a serviceman or materiahnan, or any agent or attorney of such party claiming priority over the lien of this Mortgage: 5. The Mortgagor AGREES that upon any DEFAULT continuing for more than thirty days in payment of the principal debt or any installment thereof or interest thereon at the times specified, or upon default in performance of any other obligation or condition of the aforementioned Note or of this Mortgage, or upon the banlavptcy or receivership of, or proceedings for debtor relief under the Bankruptcy Act by, any Mortgagor party (but subject to any applicable non-waivable statutory rights to cure default or restrictions on foreclosure): a. The entire principal debt shall, at the option of the Mortgagee, become due; and payment of the principal debt, with interest, items paid by the Mortgagee on behalf of Mortgagor as authorized herein, an attorney's commission of 15% on the total or of 5500.00 (whichever is greater), and costs of suit, may be enforced and recovered at once, by either or both actions of mortgage foreclosure, writs of execution on judgments obtained on the Note, or any other appropriate remedies hereon or on the Note, by whatever name designated, without stay or exemption from execution or other process, and with full release or errors, notwithstanding any law or usage, or anything contained herein or in the Note, to the contrary; and Pale 2 of 6 ~~~~~~ ~~~~~ ~~~~~~~ I~ ~I~~~~ ~~~~~~~ ~~~~I I~I ~~~~~ ~~~~ ~~~~ 514364245RM 2 b. The Mortgagee may, without legal process, take possession of all or any parts of the property and appurtenances described is Exhibit "A" attached hereto, and hold, manage, use, operate or lease the property in such manner, to such parties, and for such periods, and may apply the net proceeds to costs, expenses, maintenance, repairs, insurance, interest, principal, taxes and/or prior liens in such order, as maybe determined solely by the Mortgagee; and the Mortgagor, on demand of the Mortgagee, will assign and deliver to the Mortgagee all leases of the property. Such taking of possession or assignment of leases shall not relieve any default or prevent or delay enforcement of any other remedy provided in this Mortgage or the Note. 6. The Mortgagor AGREES that the estates, interests, rights, options, remedies, conditions, covenants, and obligations created hereby, or referred to herein, shall enure to the benefit of, or shall jointly and severally bind, not only the respective parties hereto but also their HEIRS, legal representatives, successors and assigns, as fully as though the latter were specifically mentioned in each instance; and that failure of the Mortgagee to exercise any rights or remedies hereunder shall not constitute a waiver thereof. 7. if all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Mortgagor is sold or transferred and Mortgagor is not a natural person) without Mortgagee's prior written consent, Mortgagee may, at its option, require immediate payment in full of all sums secured by this Mortgage. However, this option shall not be exercised by Mortgagee if exercise is prohibited by federal law as of the date of this Mortgage. If Mortgagee exercises this option, Mortgagee shall give Mortgagor notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Mortgagor must pay all sums secured by this Mortgage. If Mortgagor fails to pay these sums prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this Mortgage without further notice or demand on Mortgagor. 8. This Mortgage secures future advances for the total unpaid indebtedness, including the unpaid balance of advances that are made under the provisions this mortgage, interest thereon, funds advanced to pay all or part of the cost of completing any erection, construction, alteration, or repair of any part of the mortgaged premises, the financing of which, in whole or in part, this Mortgage is given to secure. )n addition to any other indebtedness, this mortgage shall secure advances made, with respect to the mortgaged premises, for the payment of taxes, assessments, maintenance charges, insurance premiums or costs incurred for the protection of the mortgaged premises or the lien of the mortgage, expenses incurred by the mortgagee by reason of the default by the mortgagor under the mortgage. 9. The maximum amount of indebtedness, exclusive of interest on unpaid balances of advances or other extensions of credit secured by this Mortgage made for the payment of taxes, assessments, maintenance charges, inanrance premiums, and costs incurred for the protection of the mortgaged premises; shall be the principal amount of the obligation stated above. 10. This Mortgage is a purchase money mortgage and is equal in priority to another purchase money mortgage given this same date in the same amount. IN WITNESS WHEREOF, the Mortgagor, intending to be legally bound, has executed this Mortgage the day and year above written. ~~ (SEAL) D E L. HE~SQ ~f /~ ,, C~~V l~.V~ l~l~C~/~ (SEAL, CAROL A. HESS Pipe 3 of 6 I ~~~~~~ ~~~~~ ~I~I~~~ ~~ f~~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~I~ I~~~ 514364246AM 3 . t COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: ON THIS, the ~`-(th day of ~Cefrl~( 2002, before me, a Notary Public, the undersigned officer, personally appeared DALE L. HESS and CAROL A. HESS, lrnown to me (or satisfactorily proven) to be the persons whose names are subscribed to the within document and aclmowledged that they executed the same for the purposes therein contained. WITNESS my hand and notarial seal. Noratia' ,r ~, Cynthia A Mil' ~ •r•~ Public ~:tty of Lancas[r nr County MY Commission 24, 2005 ~~~~ ' '~OtNOteriBS Q. to blic -~- I hereby certify that the address of the Mortgagee is 531 Snyder Avenue, Elizabethtown, PA 17022.. ..... V./ N ,,y : ~ ~• :~ Andre L, Saylor Cyrahia A ~• ,;•„~, Public Ciq of Lan. ,.:, ~..y ;: ,aer County My Commis ~ ~ , ~~,- . ' +ct 24. 2605 Member,Per~ 'y::-~~r~tIOfNOtar19S Notarial Scal Cynthia A. Miller, Notary Pablic City of Lancaster, Lanaster County My Commissloa Expires Oct 24, 2005 Member, PennsyNaniaASSOdation of Notaries I IIIIII IIIII IIIIIII II IIIIII IIIIIII IIIII III IIIII I"I III) 5 943642 8a1, EXIIIBIT "A" ALL THAT CERTAIN tract of land with a dwelling, barns and other improvements erected thereon as shown on a survey prepared for the Lancaster County Agricultural Preserve Board of the Ethel P. Kreider Farm by Diehm & Sons Land Surveyors, Civil Engineers (Project #00074); said tract situate on the North and South side of Harrisburg Pike (SR-0230) and on the East and West side of Ridge Run Road (T-316) located in the Township of Mount Joy, County of Lancaster and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the South right-of-way line of Harrisburg Pike (SR-0230), said point being the Southwest comer of the herein tract; thence crossing said Harrisburg Pike (SR-0230) and by land of Pennmark Management Co., Inc. North no degrees fifty-one minutes nine seconds West (N 00° 51' 09" W), one hundred thirty-two and fifty-two hundredths (132.52) feet to a rebar, thence by lands of Robert A. Sichelstiel, Raymond F. and Erma Gruber, crossing over Ridge Run Road (T-316) and by lands of J. Marvin and Doris A. Brubaker, respectively, North eighty-three degrees forty-four minutes thirty seconds East (N 83° 44' 30" E), one thousand six hundred eighty and seventy-seven hundredths (1,680.77) feet to a stone; thence by lands of J. Marvin and Doris A. Brubaker North seventy degrees forty-four minutes thirty seconds East (N 70° 44' 30" E), one thousand five hundred twelve and seventy- two hundredths (1,512.72) feet to a point on line of lands of John H. and Thelma J. Wolgemuth; thence by lands of said John H. and Thelma J. Wolgemuth South six degrees thirty-seven minutes twenty-eight seconds East (S 06° 37' 28" E), four hundred sixty-two and fifty-nine hundredths (462.59) feet to a point; thence by lands of John H. and Thelma J. Wolgemuth South eighty-five degrees twenty-four minutes nineteen seconds East (S 85° 24' 19" E), ninety-nine and no hundredths (99.00) feet to a concrete post; thence by lands of N. Parke and Ann E. Miller South four degrees fifty-six minutes fifty-two seconds East (S 04° 56' S2" E), one thousand six hundred twenty-five and eighty-three hundredths (1,625.83) feet to a point; thence by lands of N. Parke and Anne E. Miller crossing over a small stream and also crossing Harrisburg Pike (SR-0230) South eighty-two degrees fifty-six minutes thirty-four seconds West (S 82° 56' 34" VP'., one thousand thirty-seven and fifty-two hundredths (1,037.52) feet to a point on the East right-of--way line of the Amtrack Tax and Ins. Dept., having crossed over a stone monument sixty-one hundredths of a foot (0.61) from the last mentioned corner; thence by the East right-of--way line of the Amtrack Tax and Ins. Dept. and along a curved line to the left having a radius of eleven thousand five hundred fourteen and no hundredths (11,514.00) feet, an arc distance of two thousand one hundred twenty-five and forty-nine hundredths (2,125.49) feet, the chord thereof being North sixty-one degrees sixteen minutes twenty-four seconds West (N 61° 16' 24" W), two thousand one hundred twenty-two and forty-eight hundredths (2,122.48) feet to a rebaz; thence by lands of Rodney R. and Sandra A. Stark North twenty-four degrees eighteen minutes twenty-five seconds East (N 24° 18' 25" E), one hundred twenty- one and twenty-eight hundredths (121.28) feet to a rebaz on the South right-of--way line of Harrisburg Pike (SR-0230); thence by lands of Rodney R and Sandra A. Stark, Leroy M. Hawthorne, and David L. and Janet I. Hawthorne, respectively, along a curved line to the left having a radius of fourteen thousand nine hundred six and seventy-seven hundredths (14,906.77) feet, an azc distance of six hundred ten and seventy-nine hundredths (610.79) feet, the chord thereof being North sixty-three degrees forty-nine minutes forty-nine seconds West (N 63° 49' 49" W), six hundred ten and seventy-five hundredths (610.75) feet to the point of BEGINNING. CONTAINING: 96.459 Acres. ~~~~~~ ~~~~~ ~~~~II~ ~~ ~~~~~~ ~~~~~~~ ~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ P s43~ 42 6AM e +. BEING TF1E SAME PREMISES which Ethel P. Kreider, an adult individual, an undivided one- third interest, Henry L. Kreider and Edna F. Kreider, husband and wife, as tenants in common of an undivided ona-third interest, and Roy J. Peterman and Lois Jean Peterman, husband and wife, as tenants in common of an undivided one-third interest, by deed of even date herewith and intended for immediate recording in the Office of the Recorder of Deeds in and for Lancaster County, Pennsylvania granted and conveyed unto Dale L. Hess and Carol A. Hess, Husband and Wife, their heirs and assigns, as tenants by the entireties. ~~~#~~~,r ~I~ ~f~a~€~en#"8"o ~~ ~~~~c~J~~ ~r~ ~~a~a~~~l" ~~v.F Ira. ~it ~rir4+~ g +" q r.....:. ,;5~ *~,,,,~ a c~;„~~" Raccrder of Daada I IAIII "I~'I~I'~ II II'I' II~III~'i"I III ~'III'III I"I P X436 42 aan Jennifer Marcus From: Ambler, Nancy [AmblerN@co.lancaster.pa.us] Sent: Tuesday, June 22, 2010 2:29 PM To: Jennifer Marcus Subject: RE: Kreider/Peterman IPA Yes, 1/3 is correct. I'll see that you get a copy of the agreement. "`INTERNET EMAIL CONFIDENTIALITY NOTICE"` This message is a private communication. It, and any files or text attached to it, wMain confideMlal and privileged information, and are for the sole use of the intended recipient(s). If you are not the Intended recipient, you may not read, copy, use, or disdose H to others. If you received this message in error, please notify the sender by reply email and destroy all copies of fhls message and any attachments. Thank you in advance for your cooperation. From: Jennifer Manaus [ma(Ito:jmarcus@gkh.com] Sent: Monday, June 21, 2010 11:57 AM To: Ambler, Nancy Subject: RE: Kreider/Peterman IPA Thanks for this information. Do I understand correctly that Edna Kreider is entitled to 1/3 of the amounts you stated, for a date of death principal balance due of $121,066.67 to her estate? Might you be able to a-mail me a copy of the initial Agreement signed by the parties? Thanks again. From: Ambler, Nancy [mailto:AmblerN@m.lancaster.pa.us] Sent: Friday, June 11, 2010 5:28 PM To: Jennifer Marcus Subject: Kreider/Peterman IPA Hello Jennifer, The following information is in reply to your inquiry about the Kreider/Peterman IPA installment payments: The IPA documents list the Paying Agent as First Union National Bank, but currently it is the U.S. Bank N.A. To change the IPA Payee, the Kreider Estate should use the attached Form of Transfer, which is Exhibit C to the IPA. The form should be signed by the Executor(s) to the Estate and sent to the Paying Agent at the following address: US Bank National Associ8tion Attn: Nicoleta Edwards 50 South 16th Street, Mail Station EX-PA-WBSP Two Liberty Place Philadelphia, PA 19102 The Estate should also include at least a "Short Certificate" which will verify executor identity. It is not necessary to provide copies of the transfer form(s) and short certificate to the County, however copies would be helpful to have on file. If you choose to do so, please use the following address: The County of Lancaster Attn: Andrea M. McCue, Chief Clerk/Deputy County Administrator 150 North Queen Street, Suite 715 Lancaster, PA 17603 i The other attachment to this message is Exhibit D, Installments of Purchase Price. You may notice that the total in the total column appears to be $200 short, but this discrepancy does not affect the actual payments because they are based on the principal and interest columns which are correct. As of Edna's date of death, the outstanding interest balance was $155,001.00 and the principal was $363,200.00. Since then, the May 15, 2010 interest payment was made; therefore, the current outstanding interest balance is $143,929.50 (13 installments @ $11,071.50 each). Based on my review of the closing documents, as well as the Agricultural Preserve Board's Solicitor review of the same, it's my understanding that Edna's will (or if no will, intestacy laws) would govern who gets the IPA installments. And a return of the Form of Transfer by the Executor(s) of Edna's estate to the bank is seemingly required. If you have further questions, or you, or Dave Kreider would like copies of any other closing documents, please let me know. Best Regards, Nancy Ambler Farmland Preservation Spedalfst Lancaster County Agricultural Preserve Board 150 N Queen St, Suite 325 Lancaster, PA 17803 Office: 717-299-8355 Direct: 717-299-8349 Fax: 717.391-7598 amblem(~co.lancaster.oa.us "'INTERNET EMAIL CONFIDENTIALITY NOTICE'"" This message is a private communication. It, and any files or text attached to fi, contain confidential and privileged information, and are for the sole use of the intended redpient(s). If you are not the intended redpierrt, you may not read, copy, use, or dlsdose k to othen3. If you received this message in error, please natKy the sender by reply small and destroy all copies of this message and any attadanents. Thank you In advance for your woperetlon. LONG TERM INSTALLMENT PURCHASE PROGRAM/COMMONWEALTH INSTALLMENT PURCHASE AGREEMENT THIS INSTALLMENT PURCSASE AGREEMENT (the "Installment Purchase Agreement") is made as of this 4th day of January, 2002 (the "Closing Date") by and among Sthel P. Kreider, residing at 805 Pearl Avenue, Manheim, Pennsylvania 17545; Henry L. and Edna F. Kreider, residing at 531 East Snyder Avenue, Elizabethtown, Pennsylvania 17022; and Roy J. and Lois Jean Peterman, residing at 62 Sunset Avenue, Manheim, Pennsylvania 17545 (individually and collectively referred to as the "Grantor") and the NEW GARDEN GENERAL AUTHORITY, New Garden Township Building, 8934 Gap Newport Road, Landenberg, Pennsylvania, a body corporate and politic of the Commonwealth of Pennsylvania (the "Authority"). RECITALS A. Pursuant to and'in accordance with the Pennsylvania Municipal Authorities Act, Ch. 56, 2001 Pa. Laws 22 (to be codified at 53 Pa. Cons. Stat. Ann. §§ 5601-5622 (2001)) (which represents the codification of the Municipal Authorities Act of 1945) (the "Municipalities Authorities Act") the Authority is incorporated for the purpose of, and in relevant part, acquiring, holding, andfnancing projects, which, among other things, retain and develop existing industries. B. In accordance with the Agricultural Area Security Law, 3 Pa. Cons. Stat. Ann. §90I, et seq. (1981) as amended (the "Act") ,the Commonwealth of Pennsylvania (the "Commonwealth") developed a farmland preservation program to conserve and protect agricultural lands in the Commonwealth. The Commonwealth desires to ensure that farmers in the Commonwealth have sufficient agricultural lands to provide farm products to the people of Pennsylvania and the United States. C. In furtherance of the Act, the Commonwealth adopted regulations "Agricultural Conservation Easement Purchase Program;" 7 PA. Code 138e, et seq. (1997) (the "Program") to encourage the preservation and conservation of the agricultural lands of the Commonwealth. Fes: N57284 v2187602l.WPD D. The Act and the Program provide for the purchase of agricultural conservation easements to restrict and limit the conversion of farmland to nonagricultural use. E. The Grantor is the sole owner of all that certain land situate in Mount Joy Township, Lancaster County, Pennsylvania (the "County"), together with the buildings and improvements erected thereon (the "Farmland"), as more particularly described in Exhibit A, attached hereto and made a part hereof. F. The Grantor has offered to sell, and the Commonwealth has agreed to purchase, an agricultural conservation easement in the Farmland (the "Easement"), pursuant to the Act, and as described by the Agreement for Sale and Purchase of an Agricultural Conservation Easement, dated as of May 25, 2001, by and among the Grantor; the Commonwealth, acting through the Department of Agriculture ("PDAG") and the State Agricultural Laad Preservation Board (the "State Board"); and the County, acting in its own capacity and through its County Agricultural Land Preservation Board (the "County Board")(the "Agreement of Sale'. G. The County has developed a program for purchasing agricultural conservation easements, in accordance with the Act; and, the County, acting through the County Board, recommended to the State Board that the Commonwealth purchase the Easement, as permitted under the Act and the Program. The Commonwealth will own the Easement as reflected in the quitclaim deed from the Authority to the Commonwealth (the "Authority Deed"), pursuant to which the Authority will~also assign its rights in the surviving provisions of the Agreement of Sale. The purchase price is $363,200 (the "Purchase Price"). H. The County's recommendation was approved by the State Boazd, and all conditions precedent to the Grantor's sale and conveyance of the Easement to the Commonwealth have been satisfied as of the date hereof. L The Commonwealth and the County have designated the Authority as their assignee under the Agreement of Sale,'as described in Section 3.01 thereof. The Authority, on behalf of the Commonwealth, has agreed to purchase the Easement, all upon and subject to the conditions set forth in this Installment Purchase Agreement, and those provisions of the Agreement of Sale, which survive the Closing Date. J. The Authority and the County have entered into a Conveyance Agreement dated as of January 4, 2002, related to the transfer of the Easement (the "Conveyance Agreement") from the Authority to the Commonwealth. Pursuant to the Conveyance Agreement, the County has agreed to pay.the Purchase Price and interest on the unpaid balance thereof at the times and in the amounts as payments due to the Grantor from the Authority hereunder and the Authority has directed the County to make such payment directly to the Paying Agent (as designated and HB: #57264 v2 187802!.wPD 'L appointed herein) for payment to the Registered Owner(s) (hereinafter defined) of this Installment Purchase Agreement. L. The Grantor will execute the deed of agricultural conservation easement from the Grantor to the Authority, on the date hereof. The deed• will convey the Easement to the Authority in perpetuity (the "Grantor Deed"). The Grantor Deed will be substantially in the form attached hereto and made a part hereof and marked as Exhibit B. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, the Grantor and the Authority hereby agree as follows: ARTICLE I 5ALE AND PURCHASE OF THE EASEMENT SECTION 1.1: Agreement to Sell and Purchase the Easement. The Grantor agrees to sell the Basement to the Authority and the Authority agrees to purchase the Easement from the Grantor on the date hereof for the Purchase Price, payable in accordance with this Installment Purchase Agreement. SECTION 1.2. Delivery of the Grantor Deed. In order to evidence the sale of the Easement to the Authority, the Grantor will execute and deliver to the Authority, on the date hereof, the Grantor Deed. The Grantor Deed will be recorded in the Recorder of Deed's Office of the County. SBCTION 1.3. Transfer of the Easement by the Authority. It is understood by the Grantor and the Authority that the Authority will transfer its interest in the Easement to the Commonwealth by execution and delivery of the Authority Deed. ARTICLE II REGISTERED OWNERS; TRANSFER OF AGREEMENT OR RIGHT TO RECEIVE REVENUES SECTION 2.1. The Register. As more particularly set forth below, the Paying Agent shall maintain a registry book (the "Register") of the owner(s) of this Installment Purchase Agreement. Those persons who at any time are shown on the Register of the Paying Agent as being the owners of any portion of this Installment Purchase Agreement shall be herein referred r•~: asnsa ~•z i e~aoz~.wPn 3 to as a "Registered Owner" and all such persons shall be referred to herein as the `Registered Owners." Initially, the Grantor is the sole Registered Owner. ' SECTION 2.2. Oae Year Restriction. It will be a condition of the acceptance of this Installment Purchase Agreement that the Grantor understands, acknowledges and agrees that there will be no sale of the right to receive payments pursuant to this Instalhnegt Purchase Agreement hereunder for a period of one year from the date hereof; provided however that the Grantor will have the right to make any such transfers or assignment as part of necessary and/or required estate planning purposes or in distribution of the Grantor's estate. SECTION 2.3. Restriction on Transfers of Less Than 25%. The Grantor agrees that upon the expiration of the period specified in Section 2.2, the Grantor or any Registered Owner shall not make any sale, gift, assignment or traasfer (any of which shall be a `"Transfer") of this Installment Purchase Agreement or the right to receive payments hereunder, unless such Transfer shall be in an amount equal to or in excess of 25%a of the Grantor's original interes>t herein. If the Grantor or any Registered Owner makes more than one Transfer, each such Transfer must meet the 25% requirement. Any such Transfer shall be made substantially in conformance with the Form of Transfer, attached hereto and made a part hereof and marked as Exhibit C. ARTICLE III PAYMENT OF TSE PURCHASE PRICE AND INTEREST SECTION 3.1. Payment of the Purchase Price and Interest; Assignment of the Conveyance Agreement. (a) The Paying Agent, at the direction of the Authority and as provided by the terms of the Conveyance Agreement, wzll pay the Purchase Price to the Registered Owner in installments on the dates and in the amounts as set forth on Exhibit D, attached hereto and made a part hereof. For its first installment payment of the Purchase Price, the County will pay cash in the amount of $200.00 to the Grantor on the Closing Date. (b) Interest on the unpaid balance .of the Purchase Price (the "Interest") will accrue from the date hereof at the rate of 6.1% per annum and will be payable to the Registered Owner on May T5, 2002 and semiannually thereafter on May 15 and November 15 in each year up to and including November 15, 2016. Interest will be calculated ~on the basis of a 360-day year of twelve 30-day months. The dates on which an Installment Payment (as defined herein) shall be due are herein referred to individually as a "Payment Date" and collectively as the "Payment Dates." H8: #57264 v2 1678021.WPD .'~. ~(c) Both the principal installment of the Purchase Price and the Interest are payable in lawful money of the United States of America, on the Payment Dates. The installment payments of the Purchase Price and Interest are herein referred to individually as an "Installment Payment" and collectively as the "Installment Payments." (d) The County will make each Installment Payment on its Payment Date to the Paying Agent, as directed by the Authority pursuant to the terms of the Conveyance Agreement. The Paying Agent shall remit the Installment Payment to the Registered Owner(s) on the Register as of fifteen days prior to the Payment Date, in the same percentage as their respective ownership of this Installment Purchase Agreement, by check or draft mailed to the Registered Owner(s) at the address of the Registered Owner(s) as it appears on Register. The final installment of the Purchase Price and accrued and unpaid Interest will be paid by the Paying Agent to the Registered Owner(s) on or any time after the final Payment Date upon presentation and surrender of this Installment Purchase Agreement at the office of the Paying Agent. (e) The Authority's obligation under this Installment Purchase Agreement shall benon-recourse, meaning that the Authority's only obligation will be to execute the Conveyance Agreement. The Authority has no obligation to make payments under the )nstallment Purchase Agreement from its own funds. With respect to the payment of the Purchase Price and all Interest thereon, the Registered Owner(s) will be relying solely on the County to fulfill its obligations under the Conveyance Agreement. The Authority hereby assigns to the Registered Owner(s) and the respective heirs, personal representatives and assigns of the Registered Owner(s), all of the Authority's right, title and interest in and to the Conveyance Agreement as security for the Authority's obligations hereunder. (f) .Subject to the restrictions set forth in Section 2.2, if a Registered Owner makes a Transfer of all or a portion of its right, title and interest in and to this Installment Purchase Agreement, to a trustee (a "Trustee"), in connection with the crea£ion of a trust by such Registered Owner, such Trustee will be listed on the Register as the Registered Owner of the interest in this Installment Purchase Agreement being transferred, and all payments to be made under this Installment Purchase Agreement on account of such interest after the creation of such trust will be made directly to such Trustee. Any costs associated with a Transfer under this subparagraph (f) will be the sole obligation of the Registered Owner making such assignment. SECTION 3,2. Registration and Transfer of this Agreement. Until the Purchase Price and all Interest thereon have been paid in full, the Authority will maintain and keep at the offices of the Paying Agent, a Register for the registration and transfer of this Installment Purchase Agreement and any percentage interest herein; and upon presentation of the written instrument of transfer described in Section 3.3 below for such purpose at the offices of the Paying Agent, the Paying Agent will register or cause to be registered on the Register, and Fes: x.57264 ~~1 187802!.4VPD 5 permit to be transferred thereon, under such. reasonable requirements as the Authority or the Paying Agent may prescribe, the ownership of all or such interest in this Installment Purchase Agreement. SECTION 3.3. Registered Owner(s). The Grantor is the original Registered Owner. Subject to the restrictions set forth in Section 2.3, this Installment Purchase Agreement and any interest therein will be transferable only upon the Register, at the written request of the Registered Owner(s) as then shown on such registration books, or his or her attorney duly authorized in writing, upon presentation and surrender thereof, together with a written instrument of transfer substantially in the form attached hereto and made a part hereof and marked as Exhibit C. The Authority and the Paying Agent may deem and treat the person in whose name this InstaIIment Purchase Agreement or any percentage interest therein is registered upon the Register as the absolute owner of this Installment Purchase Agreement or such percentage interest, whether any payments hereunder will be overdue or not, for the purpose of receiving payment of, or on account of, the Purchase Price and Interest thereon and for all other purposes, and all such payments so made to any such Registered Owner or upon his or her order will be valid and effectual to satisfy and discharge the liability upon this Installment Purchase Agreement to the extent of the sum or sums so paid, and neither the Authority nor the Paying Agent will be affected by any notice to the contrary. For every registration of transfer of this Installment Purchase Agreement or any interest therein, the Authority or the Paying Agent may make a chazge sufficient to reimburse themselves for any tax or other governmental charge required to be paid with respect to such exchange or transfer, which sum or sums will be paid by the person requesting the transfer as a condition precedent to the exercise of the privilege or registering the transfer. ' SECTION 3.4. Mutilated, Lost, Stolen or Destroyed Agreement. In the event that this Installment Purchase Agreement is mutilated, lost, stolen or destroyed, the Authority and the Registered Owner(s) (as then shown on the registration books maintained by the Paying Agent) will execute a substitute for this Installment Purchase Agreement having the same terms as that of this Installment Purchase Agreement; provided that, in the case of any mutilated Installment Purchase Agreement, the mutilated Installment Purchase Agreement will first be surrendered to the Paying Agent, and, in the case of any lost, stolen or destroyed Installment Purchase Agreement there will be first famished to the Authority and the Paying Agent evidence of such loss, theft, or destruction satisfactory to the Authority and the Paying Agent, together with an indemnity satisfactory to each of them in their sole discretion. The Authority and the Paying Agent may chazge the Registered Owner(s) requesting the new Installment Purchase Agreement their expenses and reasonable fees, if any, in connection therewith. If after the HH: #t572B4 v21676021.WPD 6 delivery of the substitute Installment Purchase Agreement, a bona fide purchaser presents for payment the original Installment Purchase Agreement (in lieu of which such substitute Installment Purchase Agreement was issued) the Authority and the Paying Agent will be entitled to recover the substitute Installment Purchase Agreement fmm the person to whom it was delivered or any other person who receives delivery thereof, except a bona fide purchaser, and will be entitled to recover upon the security or indemnity provided therefor or otherwise to the extent of any loss, damage, cost or expense incurred by the Authority and the Paying Agent in connection therewith. ARTICLE IV REPRESENTATIONS AND WARRANTIES SECTION 4.1. Representations and Warranties of the Authority. The Authority makes the following representations and wan-anties: (a) The Authority is a body politic and corporate of the Commonwealth. (b) The Authority has the necessary power and authority to acquire the Easement, to enter into this Installment Purchase Agreement, to assign the Conveyance Agreement, to perform and.observe the covenants and agreements on its part contained in this 7'nstallment Purchase Agreement and to carry out and consummate ail transactions contemplated hereby. By proper action, the Authority has duly authorized the execution and delivery of this Installment Purchase Agreement. ' (c) The Installment Purchase Agreement has been duly and property authorized, executed, sealed and delivered by the Authority, constitutes the valid and legally binding obligation of the Authority, and is enforceable against the Authority in accordance with its terms. (d) There are no proceedings pending or, to the best knowledge of the Authority, threatened before any court or administrative agency which may materially adversely affect the power of the Authority to enter into, or the validity or enforceability of, this Installment Purchase Agreement or the Grantor Deed. SECTION 4.2. Representations and Warranties of the Grantor. The Grantor makes the following representations and warranties with respect to the Grantor: (a) The Grantor has full power and authority to execute and deliver this Installment Purchase Agreement and the Grantor Deed, and to incur and perform the FIB: M57284 v2 1878021.R'PD obligations provided for herein and therein. No consent or approval of any person' or public authority or regulatory body is required as a condition to the validity or enforceability of this Installment Purchase Agreement or the Grantor Deed, or, if required, the same has been duly obtained. (b) This Installment Purchase Agreement and the Grantor Deed have been duly and properly executed by the Grantor, constitute valid and legally binding obligations of the Grantor, and are fully enforceable against the Grantor in accordance with their respective terms. (c) There is no litigation or proceeding pending or, to the lo:-owledge of the Grantor, threatened before any court or administrative agency which may materially adversely affect the authority of the Grantor to enter into, or the validity or enforceability of, this Installment Purchase Agreement or the Grantor Deed. (d) There is (i) no provision of any existing mortgage, indenture, contract or agreement binding on the Grantor or affecting the Farmland, and (ii) to the knowledge of the Grantor, no provision of law or order of court binding upon the Grantor or affecting the Farmland, which would conflict with or in any way prevent the execution, deliver, or performance of the terms of this Installment Purchase Agreement or the Grantor Deed, or which would be in default or violated as a result of such execution, delivery or performance, or for which adequate consents, waivers or, if necessary, subordinates, have riot been obtained. (e) There exist no liens, mortgages, options, rights of others in surface mineable coal,'land use restrictions, and other encumbrances collectively (the `Encumbrances") with respect to the Farmland, except as set forth in Exhibit E of this Installment Purchase Agreement. . The Grantor further represents that the Encumbrances are acceptable to the Commonwealth and the County. (f) The Grantor is not a nonresident alien of the United States of America for purposes of federal income taxation. (g) The Social Security Number of each of the Grantors is: Ethel P. Kreider, 195-26-4695; Henry L. Kreider, 195-28-3160; Edna F. Kreider, 206-32-1455; Roy J. Peterman, 171-28-3498; and Lois Jean Peterman, 161-30-5530. ~ ' The representations in subsections (f) and (g) above are made under penalties of perjury and the information contained therein may be disclosed by the Authority to the Internal Revenue Service. fiB: S572B4 v2 187802t.WPD The Grantor acknowledges that any false statement in such subsections could be punished by fine, imprisonment or both. ARTICLE V PROVISIONS RELATING TO E%CLUSION OF INTEREST FROM INCOME FOR FEDERAL INCOME TAXATION SECTION 5.1. Intent of the Authority and Tag Covenant of the Authority. The Authority intends that the Interest payable under this Installment Purchase Agreement will not be includable in the gross income of the Grantor or any other Registered Owner(s) for purposes of federal income taxation pursuant to Section 148 of the Internal Revenue Code. Accordingly, the Authority will not knowingly take or permit to be taken any action or actions or omit or fail to take any action, which would cause this Agreement to bean "azbitrage bond" within the meaning of Section 148 of the Internal Revenue Code, or which would otherwise cause Interest payable under this Installment Purchase Agreement to become includable in the gross income of the Grantor or any other Registered Owner(s) for purposes of federal income taxation pursuant to Section 148 of the Internal Revenue Code. SECTION 5.2. Aclmowledgment of the Grantor with Regard to the Tag Consequences of the Transaction. The Grantor has received an opinion from Pepper Hamilton, LLP, Bond Counsel, dated the date hereof, to the effect that under existing laws, regulations, rulings and decisions, Interest payable under this Installment Purchase Agreement is not includable in the gross income of the Grantor for federal or Commonwealth income tax purposes. The Grantor acknowledges that he or she made his or her own independent investigation and has consulted with attorneys, accountants and others selected by the Grantor in the Grantor's sole discretion with respect to all other tax considerations related to the transaction contemplated hereby (including, but not limited to installment sales treatment under Section 453 of the Code, charitable contribution deductions under Section 170 of the Code, and federal estate tax implications). The Grantor certifies that the Grantor has not looked to or relied upon the Commonwealth, the Authority, the County or any of their officials, agents or employees, the Paying Agent, or to Bond Counsel with respect to such matters. ARTICLE Vi THE PAYING AGENT • SECTION 6.1. Appointment of the Paying Agent; Fees and Expenses. First Union National Bank, a national banking association organized and existing under the laws of the United States of America and having a corporate trust office in Philadelphia, Pennsylvania, is hereby designated and appointed by the Authority to act as paying agent and registraz for this HB: C57284 v2187802!.WPD 9 Installment Purchase Agreement (the "Paying Agent"). The Paying Agent accepts this appointment pursuant to the Certificate of Paying Agent, attached hereto and made a part hereof and marked as Exhibit F and the Paying Agent Agreement referenced therein. The Paying Agent shall be entitled to receive fees and reimbursement of expenses in accordance with a separate letter agreement between the Authority and the Paying Agent. SECTION 6.2.. Ownership of the Installment Purchase Agreement. The Paying Agent may in good faith buy, sell, own and hold this Installment Purchase Agreement, and may join in any action which any Registered Owner maybe entitled to take with like effect as if it did not act as Paying Agent hereunder. The Paying Agent in its individual capacity, either as principal or agent, may also engage in or have an interest in any financial or other transaction with the Authority, and may act as depository, trustee or agent for other obligations of the Authority as freely as if it did not act in any capacity hereunder. SECTION 6.3. Removal of the Paying Agent and Appointment of the Successor Paying Agent. The Authority will have the right to remove the Paling Agent at any time by fi 'ling with the Paying Agent to be removed, and with the Registered Owner(s), an instrument in writing. Notwithstanding the foregoing, such removal will not be effective until a successor Paying Agent has assumed the Paying Agent's duties hereunder. SECTION 6.4. Qualifications of the Successor Paying Agent. Any successor Paying Agent will be either (a) an officer or employee of the Authority, or (b) a bank, trust company or other financial institution duly organized under the laws of the United States or any state or territory thereof which is authorized bylaw and permitted under the laws of the Commonwealth to perform aIl the duties imposed upon it as Paying Agent by this Installment Purchase Agreement. _ ' SECTION 6.5. Successor by Merger or Consolidation. If the Paying Agent is a bank, trust company or other financial institution,. any institution or corporation into which the Paying Agent hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which the Paying Agent hereunder will be a party or any institution or corporation succeeding to the corporate trust business (if any) of the Paying Agent, will be the successor Paying Agent under this Installment Purchase Agreement, without the execution or filing of any paper or any further act on the part of the parties hereto, anything in this Installment Purchase Agreement to the contrary notwithstanding. ta?: rs~zaa v2 t e~aozi.wan 10 ARTICLE VII MISCELLANEOUS SECTION 7.1. Successors of Authority. In the event of the dissolution of the Authority, all the covenants, stipulations, promises and agreements contained in this Installment Purchase Agreement, by or on behalf of, or for the benefit of, the Authority, the Grantor, any other Registered Owner, and the Paying Agent, will bind or inure to the benefit of the successors of the Authority which from time to time may be any entity, officer, boazd, commission, agency or instrumentality to whom or to which any power or duty of the Authority will be transferred. SECTION 7.2. Parties in Interest. Except as herein otherwise specifically provided, aothing in this Installment Purchase Agreement, expressed or implied, is intended or will be construed to confer upon any person, firm or corporation, other than the Authority, the Grantor, any other Registered Owner and the Paying Agent any right, remedy or claim under or by reason of this Instalhnent Purchase Agreement, this Installment Purchase Agreement being intended to be for the sole and exclusive benefit of the Authority, the Grantor, any other Registered Owner from time to time of this Installment Purchase Agreement and the Paying Agent. Whenever used, the singutaz number shall include the plural, the plural shall include the singular, and the use of any gender shall be applicable to all genders. SECTION 7.3. Binding Effect. This Installment Purchase Agrecment will be binding upon and inure to the benefit of the parties hereto, their successors and assigns, including, without limitation, all Registered Owners from time to time of this Installment Purchase Agreement. . SECTION 7.4. Severability. ]n case any one or more of the provisions of this Installment Purchase Agreement will, for any reason, be held to be illegal or invalid, such illegality or invalidity will not affect any other provisions of this Installment Purchase Agreement and this Installment Purchase Agreement will be construed and enforced as if such illegal or invalid provisions.had not been contained herein or therein. SECTION 7.5. Prior Agreements Canceled; No Merger. This Installment Purchase Agreement will completely and fully supersede all other prior agreements, both written and oral, between the Authority or the County and the Grantor relating to the acquisition of the Easement. Neither the Authority, the County nor the Grantor will hereafter have any rights under such prior agreements but will look solely to this Installment Purchase Agreement and the Grantor Deed for definitions and determinations of alI of their respective rights, liabilities and responsibilities relating to the Farmland, the Easement and the payment for the Easement. In addition, this Installment Purchase Agreement will survive the execution and recording of the Grantor Deed and will not be merged therein. HB: 857264 v2 187802!.WPD 11 SECTION 7.6. Amendments, Changes and Modifications. This Installment Purchase Agreement may not be amended, changed, mod~ed, altered or terminated except by an agreement in writing between the Authority and the then Registered Owner(s). An executed counterpart of any such amendment will be attached to this Installment Purchase Agreement and will be binding upon such Registered Owner(s) and all successor Registered Owner(s). SECTION 7.7. No Personal Liability of Authority Officials. No covenant or agreement contained in this Installment Purchase Agreement will be deemed to be the covenant or agreement of any official, officer, agent or employee of the Authority in his or her individual capacity, and neither the officers of employees of the Authority nor any official executing this Installment Purchase Agreement will be liable personally on this Installment Purchase Agreement or be subject to any personal liability or accountability by.reason of the issuance hereof. SECTION 7.8. Governing Law. The laws of the Commonwealth will govern the construction and enforcement of this Installment Purchase Agreement. SECTION 7.9. Notices. Except as otherwise provided in this Installment Purchase Agreement, all notices, demands, requests, consents, approvals, certificates or other communications required.under this Installment Purchase Agreement to be in writing will be sufficiently given and will be deemed to have been properly given three business days after the same is mailed b'y certified mail, postage prepaid', return receipt requested, addressed to the person to whom any such notice, demand, request, approval, certificate or other communication is to be given, at the address for such person designated below: Authority: New Garden General Authority Attention: Robert N. Taylor, Chairman New Garden Township Building 8934 Gap Newport Road Lindenberg, PA 19350 with a copy to: County: Tha County of Lancaster Attention: Terry L. Styer, Chief Clerk 50 North Dtzlce Street Lancaster, PA 17608-3480 Fffi: 357284 v2 1876021.wPD 12 with a copy to: Grantor: Ethel P. Kreider SOS Pearl Avenue Manheim, PA 17545 Grantor: Henry L. Kreider 531 East Snyder Avenue Elizabethtown, PA 17022 Grantor: Edna F. Kreider 531 East Snyder Avenue Elizabethtown, PA 17022 Grantor: Roy J. Peterman 62 Sunset Avenue Manheim, PA 17545 Grantor. Lois Jean Kreider 62 Sunset Avenue Manheim, PA 17545 Paying Agent: First Union National Bank Corporate Trust Group 123 South Broad Street, 11th Floor Philadelphia, PA 19106 Attention: Alice Amoro Any of the foregoing may, by notice given hereunder to each of the others, designate any further or different addresses to which subsequent notices, demands, requests, consents, approvals, certificates or other communications will be sent hereunder. For purposes of this Installnment Purchase Agreement, the term `business day" means a day on which banks located in the cities in which the principal office of the County and Paying Agent are located are not required or authorized by law or executive order to close for business (`Business Day"). FID: k57284 v2187802!.WPD 13 SECTION 7.10. Non-Business Days. Tf the date for making any payment or the last date for performance of any act or the exercising of any right, as provided in this Installment Purchase Agreement, will not be a Business Day, the payment may, unless otherwise provided in this Installment Purchase Agreement, be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Installment Purchase Agreement, and in the case of payment no Interest will accrue for the period after such nominal date. HB: X57264 v2 167602l.V~'PD WITNESS the signatures of the parties hereto as of the date first above written. A T: Secretary Witness: Dated: Witness: Dated: Witness: Dated: Witness: Dated: Witness: Dated: NEW GARDEN GENERAL AUTHORITY By: ~~~~ Chairman Grantor: ~~~ ~ ~~~ Ethel P. Kreider Dated: Grantor: _t_/auw.~. `~._ f~/~+~.1.-- P~/T for Henry L. Kreider ead Edna F. Ereider Dated: Grantor: Edna F. Kreider Dated: Granto may., Roy J. P Dated: Grantor: is Jean rman Dated: Exhibit °`A" ALL THAT CERTAIN tract of land with a dwelling, barns and other improvements erected thereon as shown on a survey prepared for the Lancaster County Agricultural Preserve Board of the Ethel P. Kreider Fans by Diehm & Sons Land Surveyors, Civil Engineers (Project # 00074); said tract situate on the North and South side of Harrisburg Pike (SR-0230) and on the East and West side of Ridge Run Road (T-316) located in the Township of Mount Joy, County of Lancaster and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNIlVG at a point on the South right-of-way Iiae of Harrisburg Pike (SR-0230), said point being the Southwest comer of the herein tract; thence crossing said Harrisburg pike (SR-0230) and by land of Pennmark Management Co., Inc. North no degrees fifty-one minutes nine seconds West (N 00 ° 51' 09" W), one hundred thirty-two and fifty-two hundredths (132.52) feet to a rebar, thence by lands of Robert A. Sichelstiel, Raymond F. and Erma Gruber , crossing over Ridge Run Road (T-316) and by lands of J. Marvin and Doris . A. Brubaker, respectively, North eighty-three degrees forty-four minutes thirty seconds East (N 83 ° 44' 30" E), one thousand six hundred eighty and seventy-seven hundredths (1,680.77) feet to a stone; thence by lands of J. Marvin and Doris A. Brubaker North seventy degrees ~` forty-four minutes thirty seconds Esst (N 70° 44' 30" E), one thousand five hundred twelve and seventy-two hundredths (1,512.72) feet to a point on Iinc of lands of John H. and Thelma J. Wolgemuth; thence by lands of said John H. and Thelma J. Wolgemuth South six degrees thirty-seven minutes twenty-eight seconds East (S 06 ° 3 7' 28" E), four hundred sixty-two and fifty-nine hundredths (462.59) feet to a point; thence by lands of John H. and Thelma J. Wolgemuth South eighty-five degrees twenty-four minutes nineteen seconds East (S 85 ° 24' 19" E), ninety nine and no hundredths (99.00) feet to a concrete post; thence by Iaads of N. Parke and Ann E. Miller South four degrees fifty-six minutes fifty-two seconds East (S 04 ° 56' S2" E), one thousand six hundred twenty-five and eighty-three hundredths (1,625.83) feet to a point; thence by lands of N. Parke and Anae E. Miller crossing over a small stream and also crossing Harrisburg Pike (SR-0230) South eighty-two degrees BfRy-six minutes thirty- four seconds West (S 82 ° 56' 34" W), one thousand thirty-seven and fifty-two hundredths (1,037.52) feet to a point on the East right-of--way line of the Amtrack Tax and Ins. Dept., having crossed over a stone monument sixty-one hundredths of a foot, (0.61) from the last mentioned corner, thence by the East right-of--way line of the Amtrack Tax acid Ins. Dept. and along a curved line to the left having a radius of eleven thousand five hundred fourteen and no hundredths (11,514.00) feet, an arc distance of two thousand one hundred twenty- five and forty-nine hundredths (2,12.49) feet, the chord thereof being North sixty-one degrees sixteen minutes twenty-four seconds West (N 61 ° 16' 24" W), two thousand one hundred twenty-two and forty-eight hundredths (2,122.48) feet to a rebar; thence by lands of Rodney R and Sandra A. Stark North twenty-four degrees eighteen minutes twenty-five seconds East (N 24 ° 18' 25" E), one hundred twenty-one and twenty-eight hundredths (121.28) feet to a rebar on the South right-of--way Iine of Harrisburg Pike (SR-0230); thence by lands of Rodney R. and Sandra A. Stark, Leroy M. Ha«7horne, and David L. and Janet I. Hawthorne, respectively, along a curved line to the left having a radius of fourteen thousand nine hundred six and seventy-seven hundredths (]4,906.77) feet, an arc distance of six hundred tea and seventy-nine hundredths (610.79) feet, the chord thereof being North sixty-three degrees forty-nine minutes forty-nine seconds West (N 63 ° 49' 49" W), six hundred ten and seventy-five hundredths (610.75) feet to the Point of BEGINNING. CONTAINING 96.459 acres BEING THE REMAINIlVG PART OF THE SAME PREMISES which John H. Kreider and Anna G. Kreider, his wife, by their Deed dated September 22, 1971 and recorded November 29, 1971 in the Lancaster County Office of the Recorder of Deeds in Deed Book T, Volume 61, Page B55, granted and conveyed unto John K. Kreider and Ethel P. Kreider, his wife, as tenants in common of an undivided one-third interest, Henry L. Kreider and Edna F. Kreider, his wife, as xenaats in common of sa undivided one-third interest, and Roy J. Petemran and Lors Jean Peterman, his wife, as tenants in common of an undivided one-third interest, the Grantor herein. AI:SO BEING THE REMAINING PART OF THE SAME PREMISES which John IC. Kreider and Ethel P. Kreider, husband and wife, by their Deed dated November 1, 1994 and recorded November 1, 1994 in the Lancaster County Office of the Recorder of Deeds in Record Book 4488, Page 0368, granted and conveyed unto Ethel P. Kreider, as undivided one-third interest, one of the Grantor herein. BEING Lancaster County Tax Account Numbers 461-95171-0-0000 and 461-79880-0-0000. EXCEPTING AND RESERVING from the above described tract of land for Agricultural Preservation Easement purposes the strip of land located South of Harrisburg Pike (SR-0230), being all of Lot No. 3 as shown on a plan recorded in the Recorder of Deeds Office in and for Lancaster County, Pennsylvania, in Subdivision Plan Book J-109, Page 15 and' also the remaining portion of the above-described tract of land situated along the South side of the centerline of Harrisburg Pike (SR-0230), bounded and described as follows: BEGINNING at a point in the centerline of Hamsburg Pike (SR-0230), said point being the Southeast comer of the herein-described tract; thence leaving said Harrisburg Pike (SR-0230) South eighty-two degrees fifty-six minutes thirty-four seconds West (S 82 ° 56' 34" W), eighty-seven and fifl}-five hundredths (87.55) feet to a point on the North right-of- wayline of the Amtrack Tax and Ins. Dept., having crossed over a stone monument sixty-one hundredths of a foot (0.61) from the last mentioned comer; thence by the East right-of--way line of the Amtrack TaY and Ins. Dept. along a curved line to the left having a radius of eleven thousand five hundred fourteen and no hundredths (11,514.00) feet, an azc distance of two thousand one hundred twenty-five and forty-nine hundredths (2,125.49) feet, the chord thereof being North sixty-one degrees sixteen minutes twenty-four seconds West (N 61 ° I6' 24" W), two thousand one hundred ttiventy-two and forty-eight hundredths (2122.48) feet to a rebar, thence by lands of Rodney R. and Sandra A. Stark North twenty-four degrees eighteen minutes twenh•-five seconds East (N 24 ° 18' 25" E), one hundred twenty-one and twenty-eight hundredths (121.28) feet to a rebar on the South right-of-way line of the _ Harrisburg Pike (SR-0230); thence by lands of Rodney R. and Sandra A. Stark, Leroy M. Hawthorne, and David L. and Janet I. Hawthorne, respectively, along a curved line to the .left having a radius of fourteen thousand nine hundred six and seventy-seven hundredths ~- (14,906.77) feet, an arc distance of six hundred ten and seventy-nine hundredths (610.79) - feet, the chord thereof being North sixty-three degrees forty-nine minutes forty-nine seconds west (N 63 ° 49' 49" W), six hundred ten and seventy-five hundredths (610.75) feet to a point - on the South right-of--way line ofHarrisburg Pike (SR 0230); thence in Harrisburg pike (SR- 0230) North no degrees fifty-one minutes nine seconds West (N 00 ° 51' 09" ~, forty-four aad forty-three hundredths (44.43) feet to a point in the centerline of Harrisburg pike (SR- 0230); thence by the ceaterline'ofHasisburg Pike (SR-0230) along a curved lino to the right having a radius of fourteen thousand nine hundred forty-six and seventy-seven hundredths (14,946.77) feet, an arc distance of two thousand eight hundred forty and thirty-five - ~ hundredths (2540.35) feet, the chord thereof being South fifty nine degrees thirty-eight minutes four seconds East (S 59° 38' 04" E), two thousand eight hundred thirty-six and eight hundredths (2,836.08) feet to the Poiat ofBEGINNJTIG. CONTAINING 5.663 acres BEING Lancaster County~Tax Account Number 461-79880-0-0000. BEING THE SAME PREMISES which Ethel P. Kreider, an adult individual, an undivided one-third interest, Henry L. Kreider and Edna F, Kreider also known as Edna L. Kreider, husband and wife, as tenants in common of an undivided one-third interest, by their Agent David L. Kreider, and Roy ]. Peteanan and Lois Jean Peterman, husband and wife, as tenants in common of an undivided one-third interest, by their Deed of Correction dated even date herewith and~intended to be recorded immediately prior hereto in the Lancaster County Office of the Recorder of Deeds, granted and conveyed unto Ethel P. Kreider, an adult individual, an undivided one-third interest, Henry L. Kreider and Edna F. Kreider, husband and wife, as tenants in common of an undivided one-third interest, and Roy J. Peterman and Lois Jean Peterman, husband and wife,, as tenants in common of an undivided one-third interest, the Grantor herein. AND THE SAID David L. Kreider executes this Deed of Agricultural Conservation Easement pursuant to Powers of Attorney dated November 26, 2001 and intended to be recorded prior hereto in the Lancaster County Office of the Recorder of Deeds. RESULTING in an area for the Agricultural Preservation Easement of 90.796 acres. Thla Document Recorded Dop Id: 60~Q63Q /,~~n, n / "~ 0/07/2002 Stat• RTT: 0.00 Reoelpt li: 34803 ~+ ]Y V ry q~~~ 1+11 02~40PM Looal RTT: 0.00 Reo Fea: 0.60 __ \ Dop Code: 06 Lanoaster Country Recorder of Desds Offio• V f The Grantor Deed DEED OF AGRICULTURAL CONSERVATION EASEMENT THIS DEED OF AGRICULTURAL CONSERVATION EASEMENT (the `Deed") is made this 4th day of January, 2002, by and among Ethel P. Kreider, having an address of 805 Pearl Avenue, Manheim, Pennsylvania 17545; Henry L. and Edna F. Kreider a/k/a Edna L. Kreider, by their Attorney-in-Fact, David L. Kreider b/p/d November 26, 2001, having an address of 531 East Snyder Avenue, Elizabethtown, Pennsylvania 17022; and Roy J. and Lois Jean Peterman, having an address of 62 Sunset Avenue, Manheim, Pennsylvania 17545 (hereinafter referred to as the "Grantor"), and the New Gazden General Authority, a municipal authority organized and existing under the Pennsylvania Municipal Authorities Act Ch. 56, 2001 Pa. Laws 22 (to be codified at 53 Pa. Cons. S tat. Ann. § § 5601-5622 (2001)) (which represents the codification of the Municipal Authorities Act of 1945), as amended, having a mailing address of New Gazden Township Building, 8934 Gap Newport Road, Landenberg, PA 19350 (hereinafter as the "Grantee"). WITNESSETH, that the Grantor is the sole owner of all that certain land situate in Mount Joy Township, Lancaster County, Pennsylvania (hereinafter referred to as the "County"), together with the buildings and improvements erected thereon (hereinafter referred to as the "Farmland"), as more particulazly described on Exhibit A, attached hereto and made apart hereof. WTTNESSETH, that in accordance with the Agricultural Atea Security Law, 3 Pa. Cons. Stat. Anil. 901, et seq. (1981) as amended (hereinafter referred to as the "Act"), the Commonwealth .of Pennsylvania (hereinafter referred to as the "Commonwealth") developed a farmland preservation program to conserve and protect the agricultural lands of the Commonwealth. WTI'NESSETH, that pursuant to the Act, the Commonwealth and the County have determined to purchase an agricultural conservatioA easement (the "Easement") in the subject land, as described in Exhibit A-1, pursuant to the terms and conditions of a certain Agreement for Sale and Purchase of an Agricultural Conservation Easement to the Commonwealth of Pennsylvania ]n Perpetuity, dated as of May 25, 2001, (hereinafter referred to as the'"Agreement of Sale") by and among the Grantor and the Commonwealth, acting by and through the Department of Agriculture (hereinafter refeaed to as "PDAG"); the State Agricultural Land Preservation Board (hereinafter referred to as the "State Boazd"); and the County, acting through its County Agricultural Land Preservation Boazd (hereinafter referred to as the "County Board"). WITNESSETH, that the Commonwealth and the County assigned its rights and obligations to purchase the Easement to the Grantee, in order to enable the Grantor to sell and convey the Easement; pursuant to the Installment Purchase Program offered by the Commonwealth, acting by and through PDAG and the State Board. I~:neoms~ii®atollwPn Page: i of 19 ~~~~~I ~~~~~ ~I~~~~I ~~I'I ~~~~ ~~~~ ~~I~~~~ ~I~'~~~I (I~~ ~~~I 5@38fi3@4mPM ~~ WI}I"NESSETH, that the Authority, by deed of even date hereof, will sell and convey the Easement to the Commonwealth, to effectuate the sell and conveyance by the Grantor, as anticipated by the Act: NOW, THEREFORE, in consideration of the sum of Three Hundred Sixty-Three Thousand Two Hundred Dollazs ($363,200), the receipt and sufficiency of which is hereby acknowledged, the Grantor does voluntarily grant, bazgain and sell, and convey to the Authority an agricultural conservation easement in the subject land, under and subject to the Act and the following terms and conditions: 1) Permitted Acts - During the term of the Easement conveyed herein, the Farmland shall be used solely for the production for commercial purposes of crops, livestock and livestock products, including the processing or retail mazketing of such crops, livestock or livestock products if more than. fifty percent of such processed or merchandised products are produced~on the Farmland (hereinafter "agricultural production"). For purposes of this Deed, "crops, livestock and livestock products" include, but are not limited to: a) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; b) Fruits, including apples, peaches, grapes, cherries and berries; c) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms; d) Horticultural specialties, including nursery stock ornamental shrubs, omamental trees ad flowers; e) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, forbearing animals, milk, eggs and furs; f) Timber, wood, and other wood products derived from trees; and g) Aquatic plants and animals and their by-products. Except as permitted in this Deed, neither the Grantor nor his agents, heirs, executors, administrators, successors and assigns, nor any person, partnership, corporation or other entity claiming title under or through the Grantor, or their agents, shall suffer, permit, or perform any activity on.the Farmland other than agricultural production. 2). Construction of Buildin¢s and Other Structures -The construction or use of any building or other structure on the Farmland other than as existing on the date of the delivery of this Deed is prohibited except that: a) The erection of fences for agricultural production and protection of watercourses such as lakes, streams, springs and reservoirs is permitted. b) The construction of one additional residential structure is permitted if; ~:#soms,.i i®cxoi!.wpn I Illlli lllii lllllll I'll) III) llll lllllll iil lllll Illl Illl P 038fi30409 3-a i) The construction and use of the residential structure is limited to providing housing for persons employed in farming the Farmland on a seasonal or full-time basis, ii) No other residential structure has been constructed on the restricted land at anytime since the delivery of the Deed, iii) The residential structure and its cartilage occupy no more than two acres of the Farmland, and iv) The location of the residential structure and its driveway will not significantly harm the economic viability of the Farmland for agricultural production. c) The construction or use of any building or other structure for agricultural production is permitted. d) The replacement of a residential structure existing on the restricted land on the date of the granting of the easement is permitted. 3) Subdivision -The Farmland may be subdivided if subdividing will not halm the economic viability of the Farmland for agricultural production. If the Fazmland is subdivided, the Deeds to all of the subdivided parcels shall state on which of the subdivided parcels the residential structure permitted by this Deed may be constructed. Deeds to all other pazcels shall recite that no additional residential structure is permitted: 4) i 't' -The granting of rights-of-way. by the Grantor, his heirs, executors, administrators, successors and assigns; or any person, partnership, corporation ox other entity claiming title under or through the Grantor in and through the Farmland for the installation, transportation, or use of, lines for water, sewage, electric, telephone, coal by underground mining methods, gas, oil or oil products is permitted. The term "granting of rights-of--way" includes the right to construct or install such lines. The construction or installation of utilities lines other than of the type stated in this pazagraph is prohibited on the Farmland. 5) in -The granting of leases, assignments or other conveyances or the issuing of permits, licenses or other authorization for the exploration, development, storage or removal of coal by underground mining methods, oil and gas by the owner of the Farmland or the owner of the underlying coal by the underground mining methods, oil and gas or the owner of the rights to develop the underlying coal by underground mining methods, oil and gas, or the development of appurtenant facilities related to the removal of coal by underground mining methods, oil or gas development or activities incident to the removal or development of such minerals is permitted. 6) Rural Entemrises -Customary part-time oroff-season minor or rural enterprises and activities which are provided for in the County Agricultural Easement Purchase Program approved by the State Agricultural Land Preservation Board aze permitted. I~:~i6W7svI1QCRO1I.WPD Page: 3 of 19 I I~~~I~ ~~~I~ ~~~I~~~ ~~I~~ ~~~I ~~I~ ~~~l~~I II~ ~~~~~ ~~~I I~'~ 5@3863@4mPM a-3 ' 7) Soil and Water Conservation -All agricultural production on the Farmland shall be conducted in accordance with a conservation plan approved by the County Conservation District or the County Boazd. Such plan shall be updated every ten yeazs and upon any change in the basic type of agricultural production being conducted on the Farmland. In addition to the requirements established by the County Conservation District or the County Boazd, the conservation plan shall required that: a) The use of the land for growing sod, nursery stock ornamental trees, and shrubs does not remove excessive soil from the Farmland; and b) The excavation of soil, sand, gravel, stone or other materials for use in agricultural production on the land is conducted in a location and manner that preserves the. viability of the Farmland for agricultural production. 8) Enforcement - At intervals no greater than one year, the Commonwealth and/or the County, their successors, assigns or designees, shall have the right to enter the Farmland for the purpose of inspecting to determine whether the provisions of this Deed are being observed. Written notice of such annual inspection shall be mailed to the Grantor, their heirs, executors, administrators, successors or assigns at least ten days prior to such inspection. The annual inspection shall be conducted between the hours of 8 a.m. and 5 p.m. on a weekday that is not a legal holiday recognized by the Commonwealth of Pennsylvania or at a date and time agreeable to the Commonwealth and/or the County and the Grantor. The Commonwealth and the County, their successors, assigns or designees, shall also have the right to inspect the Farmland at any time, without prior notice, if either has a reasonable cause to believe the provisions of this Deed have been or are being violated. . The Grantor acknowledees that any violation of the terms of this Deed shall entitle the Commonwealth and the County, their successors, assigns or designees, to obtain an injunction against such violation from a court of competent jurisdiction along with an order requiring the Grantor, his heirs, executors, administrators, successors or assigns, to restore the Farmland to the condition it was in prior to the violation, and recovery any costs or damages incurred including reasonable attorney's fees. Such relief may be sought jointly, severally, or serially. 9) Restatement of Provisions of Agreement ofSale -The following provisions of the Agreement of Sale are restated herein for the convenience of the parties hereto: a) The Grantor shall remain solely responsible for the payment of any and all taxes levied against the Farmland and any improvements thereon; b) The exercise or the failure to exercise of the Commonwealth, the State Board, the County, or the County Board of any right conferred by the Easement shall not be deemed to be ~:~°°'s"' 1®rA°1'.~D II 11 ~ 5038630 I IIIIII'~III ~FII~II III~I IIII III ~lll'~I III IIIII'III I"I 0 a 07/20 2 02:4oPM B-y~ management or control of activities on the Farmland for purposes of enforcement of the Act of October 18, 1988 (P.L. 756, No. 108) known as the Hazazdous Sites Cleanup Act; and c) The Grantor, his or her heirs, executors, administrators, successors or assigns agree to hold harmless, indemnify and defend the Commonwealth, the State Board, the County, and the County Board and their respective successors or assigns, from and against all liabilities and expenses arising from or in any way connected with all claims, damages, losses, costs or expenses, including reasonable attorneys fees, resulting from a violation or alleged violation of any State or Federal environmental statute or regulation, including but not limited to, statutes or regulations concerning the storage or disposal of hazardous or toxic chemical or materials. 10) Duration of Easement -The Easement created by this Deed. shall be a covenant running with the land and shall be perpetual in duration. Every provision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. 11) Conveyance or Transfer of the Farmland -Grantor, his heirs, executors, administrators, successors or assigns, and any person, .partnership, corporation, or other entity claiming title under or through Grantor, shall notify the Commonwealth and the County in writing of any conveyance or transfer of ownership of the Farmland. Such notification shall set forth the name, address and telephone number of the Grantor and the party or parties to whom ownership of the Farmland has been conveyed or transferred. This obligation shall apply to any change in ownership of the Farmland. The restrictions set forth in this Deed shall be included in any Deed purporting to convey or transfer an ownership interest in the Farmland, with the. exception of the deed of even date hereof, conveying the Easement from the Authority to the Commonwealth and County, as joint owners. 12) Applicability-Everyprovision of this Deed applicable to Grantor shall apply to Grantor's heirs, executors, administrators, successors, assigns, agents, and any person, partnership, corporation or other entity claiming title under or through Grantor. 13) Inter retation -This Deed shall be interpreted under the laws of the Commonwealth of Pennsylvania. For purposes of interpretation, no party to this Deed shall be considered to be the drafter of the Deed. All provisions of this Deed aze intended, and shall be interpreted to . effectuate the intent of the General Assembly of the Commonwealth of Pennsylvania as expressed in Section 2 of the Act. To have and to hold this Deed unto the Grantee, its successors and assigns in perpetuity. Pege 3 of 19 ~~~~~~ ~~I~I ~~~~~~I ~~~~~ ~~II ~~I~ ~~~~~~I ~~I ~~~~I ~~~~ I~~I 503863040PM He: ~oo~s ~i i ~ccROU.wrn -S AND the Grantor, for himself, his heirs, executors, administrators, successors and assigns does SPECIALLY WARRANT the Easement hereby granted. IN WTTNES5 WHEREOF, the undersigned have duly executed this Deed on the day first written above. GRANTOR Ethel P. Kreider David Kreider, as Attorney-in-Fact Under Power of Attorney dated November 26, 2001 for Henry L. and Edna F. Kreider a/k/a Edna L. Kreider Roy J. Pete , Lois Je a erman . ~~1~~~~~~~~~~~~~~~I ~~~~~~~~~~~~~lil~~~~~~~~~~1~~~~~~~~~ P 0388 30409 H8: M60075 vl l QCROl I.WPD ~- Witness: ~~ C. ~ ~ °`~ ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: On this, the 4th day of January, 2002, before me, a Notary Public, personally appeared Ethel P. Kreider, David Kreider, as Attorney-in-Fact Under Power of Attorney dated November 26, 2001 for Henry L. and Edna F. Kreider a/k/a Edna L. Kreider, and Roy J. and Lois Jean Petennan, known by me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledge that he/she/they executed the same for the purposes therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and official seal. NOT Y PUBLIC .My Commission Expires: N07ARIAL SEAL MICHELE A. SOUDERS, Notary City of Lancaster, Lancaster Coin Commission Expires Feb, 14, 20{F3 ~~~~~~~~~~~~~~'~"~I'~~~~~~~~~~~~~~I~~~~~~~~I~~~'~~~I'I P 03E6 e04is 0PM H8:7160075 vl l®CROII.WPD ~~~ CERTIF~TCATE OF RESIDENCE I hereby certify that the precise business address of the Grantee is: New Garden General Authority New Garden Township Building 8934 Gap Newport Road Landenberg, PA Date: l - `~ - ° z ~~~ Attorney for Grantee RECORDING INFORMATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS: The foregoing deed was recorded on the 4th day of January, 2002, in the Office of the Recorder of Deeds in and for the County of Lancaster in Record Book Volume Page Given under my hand and the seal of said Office on the date above written. Recorder of Deeds Page 8 of 19 ~ 111111 IIIII IIIIIII IIIII IIII IIII IIIIIII III IIIII IIII IIII 5~s8fi3040PM ~:+~oo~s~i i~caoii.weD 6-~ Exhibit "A" ALL THAT CERTAIN tract of land with a dwelling, barns and other improvements erected thereon as shown on a survey prepazed for the Lancaster County Agricultural Preserve Board of the Ethel P. Kreider Farm by Diehm & Sons Land Surveyors, Civil Engineers (Project # 00074); said tract situate on the North and South side of Harrisburg Pike (SR-0230) and on the East and West side of Ridge Run Road (T-316) located in the Township of Mount Joy, County of Lancaster and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southright-of--way line of Harrisburg Pike (SR-0230), said point being the Southwest comer of the herein tract; thence crossing said Harrisburg Pike (SR-0230) and by land of Pennmark Management Co., Inc. North no degrees fifty-one minutes nine seconds West (N 00° 51' 09" W), ,one hundred thirty-two and fifty-two hundredths (132.52) feet to a rebaz; thence by lands of Robert A. Sichelstiel, Raymond F. and Erma. Gruber ,crossing over Ridge Run Road (T-316) and by lands of J. Marvin and Doris A. Brubaker, respectively, North eighty-three degrees forty-four minutes thirty seconds East (N 83 ° 44' 30" E), one thousand six hundred eighty and seventy-seven hundredths (1,680.77) feet to a stone; thence by lands of J. Marvin and Doris A. Brubaker North seventy degrees forty-four minutes thirty seconds East (N 70° 44' 30" E), one thousand five hundred twelve and seventy-two hundredths (1,512.72) feet to a point online of lands of John H. and Thelma. J. Wolgemuth; thence by lands of said John H. and Thelma J. Wolgemuth South six degrees thirty-sevenminutestwenty-eight seconds East (S 06 ° 37' 28" E), four hundred sixty-two and fifty-nine hundredths {462.59) feet to a point; thence by lands of John H. and Thelma J. Wolgemuth South eighty-five degrees twenty-four minutes nineteen seconds East (S 85 ° 24' 19" E), ninety-nine and no hundredths (99.00) feet to a concrete post; thence by lands of N: Pazke and Ann E. Miller South four degrees fifty-six minutes fifty-two seconds East (S 04 ° 56' S2" E), one thousand six hundredtwenty-five and eighty-three hundredths (1,625.83) feet to a point; thence by lands of N. Pazke and Anne E. Miller crossing over a small stream and also crossing Harrisburg Pike (SR-0230) South eighty-two degrees fifty-six minutes thirty- four seconds West (S 82 ° 56' 34" W), one thousand thirty-seven and fifty-two hundredths (1,037.52) feet to a point on the East right-of--way line of the Amtrack Tax and Ins. Dept., having crossed over a stone monument sixty-one hundredths of a foot (0.61) from the last mentioned corner; thence by the Eastright-of--way line of the Amtrack Tax and Ins. Dept. and along a curved line to the left having a radius of eleven thousand five hundred fourteen and no hundredths (11,514.00) feet, an arc distance of two thousand one hundred twenty- five and forty-nine hundredths (2,125.49) feet, the chord thereof being North sixty-one degrees sixteen minutes twenty-four seconds West (N 61 ° 16' 24" W), two thousand one hundred twenty-two and forty-eight hundredths (2,122.48) feet to a rebaz; thence by lands of Rodney R. and Sandra A. Stazk North twenty-four degrees eighteen minutes twenty-five seconds East (N 24° 18' 25" E), one hundred twenty-one and twenty-eight hundredths (121.28) feet to a rebaz on the South right-of--way line of Harrisburg Pike (SR-0230); thence by lands of Rodney R. and Sandra A. Stark, Leroy M. Hawthorne, and David L. and Janet I. Hawthorne, respectively, along a curved line to the left having a radius of fourteen Page 31 of 19 I I~~III ~~III ~I~I~~I I~I~I III ~II~ ~Iil~~l III ~~il~l ICI III 503863040PM -~ thousand nine hundred six and seventy-seven hundredths (14,906.77) feet, an arc distance of six hundred ten and seventy-nine hundredths (610.79) feet, the chord thereof being North sixty-three degrees forty-nine minutes forty-nine seconds West (N 63 ° 49' 49" W), six hundred ten and seventy-five hundredths (610.75) feet to the Point of BEGINNING. CONTAINING 96.459 acres BEING THE REMAINING PART OF THE SAME PREMISES which John H. Kreider and Anna G. Kreider, his wife, by their Deed dated September 22, 1971 and recorded November 29, 1971 in the Lancaster County Office of the Recorder of Deeds in Deed Book T, Volume 61, Page 855, granted and conveyed unto John K. Kreider and Ethel P. Kreider, his wife, as tenants in common of an undivided one-third interest, Henry L. Kreider and Edna F. Kreider, his wife, as tenants in common of an' undivided one-third interest, and Roy J. Peterman and Lois Jean Peterman, his wife, as tenants in common of an undivided one-third interest, the Grantor herein. ALSO BEING THE REMAINING PART OF THE SAME PREMISES which John K. Kreider and Ethel P. Kreider, husband and wife, by their Deed dated November 1, 1994 and recorded November 1, 1994 in the Lancaster County Office of the Recorder of Deeds in Record Book 4488, Page 0368, granted and conveyed unto Ethel P. Kreider, an undivided one-third interest, one of the Grantor herein. BEING Lancaster County Tax Account Numbers 461-95171-0-0000 and 461-79880-0-0000. EXCEPTING AND RESER~Il~TG from the above described tract of land for Agricultural Preservation Easement purposes the strip of land located South of Harrisburg Pike (SR-0230), being all of Lot No. 3 as shown on a plan recorded in the Recorder of Deeds Office in and for Lancaster County, Pennsylvania,. in Subdivision Plan Book J-109, Page 15 and also the remaining portion of the above-described tract of land situated along the South side of the centerline of Harrisburg Pike (SR-0230), bounded and described as follows: BEGINNING at a point in the centerline of Harrisburg Pike (SR-0230), said point being the Southeast comer of the herein-described tract; thence leaving said Harrisburg Pike (SR-0230) South eighty-two degrees fifty-six minutes thirty-four seconds West (S 82 ° 56' 34" W), eighty-seven and fifty-five hundredths (87.55) feet to a point on the North right-of- wayline ofthe Amtrack Tax and Ins. Dept., having crossed over a stone monument sixty-one hundredths of a foot (0.61) from the last mentioned corer; thence by the Eastright-of--way line~of the Amtrack Tax and Ins. Dept. along a curved line to the left having a radius of eleven thousand five hundred fourteen and no hundredths (11,514.00) feet, an arc distance of two thousand one hundred twenty-five and forty-nine hundredths (2,125.49) feet, the chord thereof being North sixty-one degrees sixteen minutes twenty-four seconds West (N 6.1 ° 16' 24" W), two thousand one hundred twenty-two and forty-eight hundredths (2122.48) feet to a rebar; thence by lands of Rodney R and Sandra A. Stark North twenty-four degrees eighteen minutes twenty-five seconds East (N 24° 18' 25" E), one hundred twenty-one and Page 12 of 19 ~~~~I~ ~~~I~ ~I~~~~~ ~~~~~ ~~II I~I~ ~~~~~~I (~~ ~~~~~~ ~II ~~Il 503853040PM ~_~n twenty-eight hundredths (121.28) feet to a rebaz on the South right-of--way line of the Harrisburg Pike (SR-0230); thence by lands of Rodney R. and Sandra A. Stazk, Leroy M. Hawthorne, and David L. and Janet I. Hawthorne, respectively, along a curved line to the left having a radius of fourteen thousand nine hundred six and seventy-seven hundredths (14,906.77) feet, an azc distance of six hundred ten and seventy-nine hundredths (610.79) feet, the chord thereof being North sixty-three degrees forty-nine minutes forty-nine seconds West (N 63 ° 49' 49" W), six hundred ten and seventy-five hundredths (610.75) feet to a point on the South right-of--way line of Hazrisburg Pike (SR-0230); thence in Harrisburg Pike (SR- 0230) North no degrees fifty-one minutes nine seconds West (N 00 ° 51' 09" W) forty-four and forty-three hundredths (44.43) feet to a point in the centerline of Harrisburg Pike (SR- 0230); thence by the centerline of Harrisburg Pike (SR-0230) along a curved line to the right having a radius of fourteen thousand nine hundred forty-six and seventy-seven hundredths (14,946.77) feet, an arc distance of two thousand eight hundred forty and thirty-five hundredths (2840.35) feet, the chord thereof being .South fifty-nine degrees thirty-eight minutes four seconds East (S 59° 38' 04" E), two thousand eight hundred thirty-six and eight hundredths (2,836.08) feet to the Point of BEGINNING. CONTAINING 5.663 acres BEING Lancaster County Tax Account Number 461-79880-0-0000. BEING THE SAME PREMISES which Ethel P. Kreider, an adult individual, an undivided one-thud interest, Henry L. Kreider and Edna F. Kreider also known as Edna L. Kreider, husband and wife, as tenants in common of an undivided one-third interest, by their Agent David L. Kreider; and Roy J. Peterman and Lois Jean Petemian, husband and wife, as tenants in common of an undivided one-third interest, by their Deed of Correction dated even date herewith and intended to be recorded immediately prior hereto in the Lancaster County .Office of the Recorder of Deeds, granted and conveyed unto Ethel P. Kreider, an adult individual, an undivided one-third interest, Remy L. Kreider and Edna F. Kreider, husband and wife, as tenants in common of an undivided one-Hurd interest, and Roy J. Peterman and Lois Jean Peterman, husband and wife, as tenants in common of an undivided one-third interest, the Grantor herein. AND ,THE SAID David L. Kreider executes this Deed of Agricultural Conservation Easement pursuant to Powers of Attorney dated November 26, 2001 and intended to be recorded prior hereto in the Lancaster County Office of the Recorder of Deeds. RESULTING in an azea for the Agricultural Preservation Easement of 90.796 acres. Pay 13 of 19 ~~~~~i ~~~I~ ~~~~~~I ~~~~~ I~~~ ~~~~ ~~~~~~~ ~~~ ~~~~~~ ~~I I~~~ 5O3863040PM ~~cc. ~~d s~ ~~~Wr~r+~~,, P,~~ ~~, .:~ ~' .~ ~ r,- ~~-- `~~ S7F~ ~e~~ArLLI cov~* , R'~~er v! piece t"J ' ~ I EXAIBIT C Form of Transfer FOR VALUE RECIIVED, (the "Registered Owner"), hereby sells, assigns and transfers unto ,without recourse, % of the Registered Owner's right, title and interest in and to the Installment Purchase Agreement to which this Transfer (as such term is defined in the Installment Purchase Agreement) is attached; and the Registered Owner hereby irrevocably directs the Paying Agent (as such term is defined in the Installment Purchase Agreement) to transfer % the Installment Purchase Agreement on the books kept for registration thereof. The Registered Owner hereby represents, warrants and certifies that there have been no amendments to the Installment Purchase Agreement. Date: Signature guaranteed: NOTICE: The signature on this Assignment must correspond with the name of the Registered Owner as it appears on the registration books for the Installment Purchase Agreement referred to herein in . every particular, without alteration or enlargement or any change whatever. xe: asoo~s ~~ i ~crtoi i.vvrn C-1 EXHIBIT D Installments of Purchase Price Interest Year Princiaal Rate Interest Total May 15, 2002 $ 8,057.59 $ 8,057.59 November 15, 2002 11,071.50 11,071.50 May 15, 2003 11,071.50 11,071.50 November I5, 2003 11,071.50 11,071.50 May 15, 2004 11,071.50 11,071.50 November 15, 2004 ~ 11,071.50 11,071.50 May 15, 2005 11,071.50 11,071.50 November75, 2005 11,071.50 11,071.50 May 15, 2006 11,071.50 11,071.50 November 15, 2006 • 11,071.50 11,071.50 .May 15, 2007 11,071.50 11,071.50 November 15, 2007 11,071.50 11,071.50 May 15, 2008 ~ 11,071.50 11,071.50 . November I5, 2008 11,071.50 11,07150 May 15, 2009 11,071.50 11,07150 November 15, 2009 11,071.50 11,071.50 May 15, 2010 11,071.50 11,071.50 November 15, 2010 11,071.50 11,071.50 May 15, 2011 11,071.50 11,071.50 November 15, 2011 11,071.50 11,071.50 May 15, 2012 11,071.50 11,071.50 November 15, 2012 11,071.50 11,071.50 nzay 15, 2013 11,071.50 11,071.50 November 15, 2013 11,071.50 11,07150 May 15, 2014 11,071.50 11,071.50 xe: ~r6ao~s v, , ~ceo,i.wpn D-1 November 15, 2014 May 15, 2015 November 15, 2015 May 15, 2016 November 15, 2016 $363.200.00 6.103'0 363 0.00 11,071.50 11,071.50 11,071.50 11,071.50 1 71.50 32 131.09 11,071.50 11,071.50 11,071.50 11,071.50 374.071.50 6 2131.09 HB: M60075 vl I QCROl LWPD D_2 E%HIBIT F Certificate of Paying Agent Installment Purchase Agreement Dated as of January 4, 2002 CERTIFTCATB OF PAYING AGENT I, the undersigned, hereby certify that representatives of First Union National Bank, as paying agent and registrar (the "Paying Agent") have received a copy of the Installment Purchase Agreement, dated January 4; 2002, and that we accept the duties and responsibilities of Paying Agent as set forth therein an~ in the paying Agent Agreement dated as of January 1, 2002, between the Paying Agent and the New Garden General Authority. Signed and dated this 4th day of January, 2002. FIRST UNION NATIONAL BANK sy:, Authorized Officer r~:r6omsvt i~ceoii.wpn F-1 May 7, 2010 EDNA L. ICREFDER ESTATE GIBBEL, KRAYBILL & HESS LLP ATTN: JENNIFER L. MARCUS 41 EAST ORANGE STREET LANCASTER PA 17602 Estate of EDNA KRRIDER Date of Death: Apr ~OS, 2010 SSN: 206-32-1455 Dear Sir/Madam: 525 William Penn Place Suite 153-2618 Pittsburgh, PA 15219 In accordance with your request, the attached information sheet has been provided in the above decedent's name as of his/her date of death. For 1L or LC accounts, contact our Loan Department at 1-800-708-6680. For all other inquiries, please call 1-888-999-6884 Sincerely, Robert Roos Operations Services Account Number 6100755673 Account Title EDNA KREIDER Date O ned 9/12/1966 Account T e Checkin Princi a1 Balance as of DOD $17162.99 Interest from Last Postin to DOD $ .00 Account Balance as of DOD $17162.99 YTD Interest to DOD $2.10 Account Number 6140180783 Account Title EDNA KREIDER Date erred 10/22/1992 Account T e Savin s Princi al Balance as of DOD $1361.28 Interest from Last Postin to DOD $ .12 Account Balance as of DOD $1361.40 YTD Interest to DOD $ .34