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HomeMy WebLinkAbout11-6001 Ic:J-OFf= ICE" F HE PROTHONOTAR' L] I I JUL 28 AN 11- 50 t'U MBERLAND COUNTY PENNSYLVANIA METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly&mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 1- ?) GV! PROGRESS AVENUE LIMITED PARTNERSHIP : Defendant PRAECIPE TO TRANSFER JUDGMENT TO ANOTHER COUNTY TO THE PROTHONOTARY: Pursuant to Pennsylvania Rule of Civil Procedure 3002, please file of record the attached certified copy of Dauphin County Docket No. 2011-CV-6468-NT. Please enter judgment in the total amount of $461,901.06, plus interest from June 22, 2011 onward at the per diem rate of cos lo2? kP 3 91k 71tg p4N4 NAO arm (aJ $48.82, attorney's fees and costs, until paid in full in the appropriate docket and index same against the Defendant, Progress Avenue Limited Partnership Respectfully submitted, METTE, EVANS & WOODSIDE By: ?? ?-- L6, Heather Z. Kelly, squire Sup. Ct. I.D. No. 86291 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone Attorneys for Plaintiffs Date: July 1 - 7, 2011 CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Progress Avenue Limited Partnership 101 US Route 15 South Dillsburg, PA 17019 METTE, EVANS & WOODSIDE By: Heather Z. Kel I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: JulyZ7, 2011 In The Court of Common j3Yeas; of Maupbin Countp, i3ennop1bania Metro Bank, f/k/a Commerce Bank Harrisburg, N.A. No. 2011-CV-06468-NT VS. ,'lam, Progress Avenue Limited Partnership CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, the undersigned Prothonotary of the Court of Common Pleas of Dauphin County, Pennsylvania, do hereby certify that the attached is a full, true and correct copy of the docket entries in the above captioned case. I further certify that judgment was entered in favor of Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. and against Defendant(s), Progress Avenue Limited Partnership on June 30, 2011 in said case in the amount of $461,901.06 + Costs. 9% 3n Zeotimonp Wbereof, I have hereunto set my hand and affixed the s 1 the Court, on Friday, July 22, 2011. Prothonotary By: Deputy Date: 7/22/2011 Time: 02:22 PM Page 1 of 2 Filed: Subtype: Comment: Dauphin County Complete Case History Case: 2011-CV-06468-NT Metro Bank, etal.vs.Progress Avenue Limited Partnership 6/30/2011 Notes Physical File: Y Appealed: N Status History Pending 6/30/2011 Pending / Judgment 6/30/2011 Judge History Date Judge Reason for Removal 6/30/2011 No Judge, Current Payments Receipt Date Type Kelly, Heather Z (attorney for Me 256028 6/30/2011 Civil Filing Mette, Evans & Woodside 257249 7/22/2011 Miscellaneous Exemplified Record 115.00 Miscellaneous Receipts Receipt Date 257249 7/22/2011 Plaintiff Name: Metro Bank Address: Phone: Home: Employer: Litigant Type: Comment: Attorneys Kelly, Heather Z Plaintiff Exemplified Record Work: (Primary attorney) Name: Commerce Bank Harrisburg Address: Phone: Home: Employer: Litigant Type: Comment: Attorneys Kelly, Heather Z Work: (Primary attorney) User: LBECHTEL Amount 49.00 115.00 Total 164.00 115.00 Sum: 115.00 SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y Send Notices Date: 7/22/2011 Dauphin County Time: 02:22 PM Complete Case History Page 2 of 2 Case: 2011-CV-06468-NT Metro Bank, etal.vs.Progress Avenue Limited Partnership Defendant Name: Progress Avenue Limited Partnership SSN: Address: DOB: Sex: Phone: Home: Work: Employer: Send notices: Y Litigant Type: Comment: Attorneys Kelly, Heather Z (Primary attorney) Send Notices Register of Actions 6/30/2011 New Civil Case Filed This Date. No Judge, Plaintiff: Metro Bank Attorney of Record: No Judge, Heather Z Kelly Plaintiff: Commerce Bank Harrisburg No Judge, Attorney of Record: Heather Z Kelly Defendant: Progress Avenue Limited No Judge, Partnership Attorney of Record: Heather Z Kelly Filing: Complaint with Confession of No Judge, Judgment Paid by: Kelly, Heather Z (attorney for Metro Bank) Receipt number: 0256028 Dated: 6/30/2011 Amount: $49.00 (Check) For: Metro Bank (plaintiff) On Complaint filed Judgment in No Judge, favor of Plaintiff and against Defendant in the sum of Four Hundred Sixty-One Thousand Nine Hundred One Dollars and 06/100 ($461,901.06) by virtue of authority contained in the Warrant of Attorney filed dated May 30, 2003 payable SEE NOTE with interest, costs, etc. --- for colt'n. Inquisition and Exemption Waived. Entered At 1:20 p.m. Stephen E. Farina, Prothonotary Notice Mailed. Copy to Sheriff. Judgment Order date In Favor Of Disposition Judgment 06/30/2011 Plaintiff 06/30/2011 Open Judgment Comment: 461901.06 Plaintiff: Commerce Bank Harrisburg Metro Bank Defendant: Progress Avenue Limited Partnership 222011 I hereby certify that the foregoing is a true and correct copy of the original filed. Prothonotary/Clerk of Courts _Q.A.",L,, IJA.- 0- .1 'd User: LBECHTEL METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly a ette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff W ot w-id opq ib No f ' RoTt vl'! ri . 30 UP/Ty IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. : DOCKET NO. ?01(- CV- CQq0- P-r PROGRESS AVENUE LIMITED PARTNERSHIP Defendant NOTICE OF ENTRY OF JUDGMENT TO: Progress Avenue Limited Partnership 101 US Route 15 South Dillsburg PA 17019 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $461,901.06 as provided in the Note referenced in the Complaint plus all interest after the entry of such judgment at the rate permitted by law. Prothonotary of 'JUN 3 0 ?n ii Date By: 1 hereby ;11?? h'U3 cid re 't ?t the foregoing Is g glad. py of the orfg? Prothon taro County METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkel ly_(a),mette.com Attorneys for Plaintiff' METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff D h of Ct,(,Cd opq -1-6 I tr 4 8 U? 30 P/f : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUNTY, PENNSYLVANIA W?Dl V. ? P-r ? ?? g- DOCKET NO. CV- PROGRESS AVENUE LIMITED PARTNERSHIP Defendant NOTICE OF ENTRY OF JUDGMENT TO: Progress Avenue Limited Partnership 101 US Route 15 South Dillsburg PA 17019 You are hereby notified pursuant to Rule 236 of the Pennsylvania Rules of Civil Procedure that Judgment has been entered against you in the amount of $461,901.06 as provided. in the Note referenced in the Complaint plus all interest after the entry of such judgment at the rate permitted by law. 'JUN 3 o ?n 11 Prothonotary of County Date By: a, - .0F? !: P 0 ,:,;_ , 2011 JUN 30 Ply 3A J,n ?• 20 1. C b, P??i'q 'T Y METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. DOCKET NO. 0- IJTT PROGRESS AVENUE LIMITED PARTNERSHIP Defendant Notice Under Pa R.C.P. 2958.1 Of Judgment And Execution Thereon Notice of Defendant's Rights TO: Progress Avenue Limited Partnership 101 US Route 15 South Dillsburg PA 17019 A judgment in the amount of $461,901.06 has been entered against you in favor of the plaintiff without any prior notice or hearing, based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Dauphin County Lawyer Referral Service Dauphin County Bar Association 213 N. Front Street Harrisburg, PA 17101 (717) 232-7536 Respectfully submitted, Heather Z. Kelly, 15kquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: June-Z`j, 2Q11 P RT; liJUv 30 P 04 Up - Coll i METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUNTY, PENNSYLVANIA V. DOCKET NO. a 01 -- V. tMpJe N-( PROGRESS AVENUE LIMITED PARTNERSHIP Defendant NOTICE UNDER 42 Pa. C .SA. 27371 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: Progress Avenue Limited Partnership 101 US Route 15 South Dillsburg PA 17019 Pursuant to 42 Pa.C.S.A. 273 you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa.C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Respectfully submitted, Heather Z. Kelly, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorneys for Plaintiff Date: June ?f , 2011 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT, PLEADINGS AND PROCEDURE (ax 1) Relief from a judgment by confession shall besought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgment entered prior to the effective date of a subdivision (g) which have not been stricken or opened as of the effective date and (2) judgment entered on or after the effective date. PP, r fCFy 1411 JUN 30 P8 x:20 Daf'?'fif?f PElf'g ©DT ?i' METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly(@mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff : IN THE COURT OF COMMON PLEAS OF : DAUPHIN COUNTY, PENNSYLVANIA V. : DOCKETNO. Qu C? kst PROGRESS AVENUE LIMITED PARTNERSHIP Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the Confession of Judgment clause in the Note, a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of Plaintiff and against Defendant as follows: Principal: $351,506.16 Interest through 6/22/2011 $3,820.20 Late Charges*: $71,042.06 Attorneys' Commission: _ $35,532.64 *Continue to accrue until paid. TOTAL $461,901.06 Interest at the per diem rate of $48.82, attorney fees and costs of this action continue to accrue. Respectfully submitted, . &EA?? I gff::2? Heather Z. Kelly, Es e I.D. No. 86291 Appearing herein for Defendant Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Date: June 2011 Telephone: (717) 232-5000 2 Gf, 1 I METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellv(@,mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff N 0 C7 C o za: C_n cD IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. . O DOCKET NO. PROGRESS AVENUE LIMITED PARTNERSHIP Defendant COMPLAINT IN CONFESSION OF JUDGMENT AND NOW, this My of June, 2011, Plaintiff, Metro Bank, f/k/a Commerce Bank/Harrisburg, N.A. ("Plaintiff"), by its attorneys files the following Complaint in Confession of Judgment: 1. Plaintiff is a Pennsylvania banking institution with an address at 3801 Paxton Street, Harrisburg, PA 17111. 2. Defendant is Progress Avenue Limited Partnership, a Pennsylvania Limited Partnership with a business address of 101 US Route 15 South, Dillsburg PA 17019 3. On May 30, 2003, Defendant executed a Promissory Note in the principal amount of Two Million and Fifty Thousand Dollars ($2,050,000.00) in favor of Plaintiff, which was subsequently modified by thirty-four (34) separate Promissory Note Modification Agreements or Change in Terms Agreements.' A true and correct copy of the Promissory Note, Change in Terms Agreements, and Promissory Note Modification Agreements is attached hereto as Exhibit "A" and referred to collectively as the "Note." 4. Defendant has defaulted under the Note by failing to make payments when due. 5. By correspondence dated June 10, 2011, Plaintiff demanded payment in full from Defendant. A true and correct copy of the June 10, 2011 correspondence is attached hereto as Exhibit "B." 6. Defendant failed to repay the indebtedness in response to the June 10, 2011 demand. 7. The Note was executed in connection with a commercial transaction. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. The Note has not been assigned. 10. Judgment has not been entered on the Note in any jurisdiction. 11. The warrants of attorney appearing in the Note are less than twenty (20) years old. 12. Plaintiff has taken all actions or complied with all conditions precedent in the filing of this action. 13. The entire remaining indebtedness evidenced by the Note is $461,901.06 and is computed as follows: ' The modifications are dated, in reverse chronological order: April 13, 2011; March 15, 2011; February 8, 2011; January 24, 2011; November 22, 2010; September 23, 2010; July 22, 2010; May 12, 2010; February 22, 2010; November 20, 2009; October 1, 2009; September 7, 2009; July 31, 2009; May 29, 2009; February 25, 2009; December 15, 2008; September 25, 2008; June 20, 2008; March 28, 2008; November 28, 2007; September 28, 2007; June 5, 2007; May 26, 2007; March 8, 2007; December 22, 2006; November, 2006; October 12, 2006; April 23, 2006; January 31, 2006; December 26, 2005; October 31, 2005; September 15, 2005; June 30, 2005; and April 26, 2004. Principal: $351,506.16 Interest through 6122/2011: $3,820.20 Late Charges: $71,042.06 Attorneys' Commission*: $35,532.64 TOTAL $461,901.06 * Only reasonable attorneys fees will be collected by the attorney. Interest at the per diem rate of $48.82, attorney fees and costs of this action continue to accrue. WHEREFORE, on the basis of the confession of judgment provision contained in the Note, Plaintiff demands judgment in its favor and against Defendant in the amount of $461,901.06, plus all interest which continues to accrue at the rate of $48.82 per day from June 22, 2011 forward, as authorized by Pennsylvania law, together with costs of suit. Respectfully submitted, Heather Z. Kelly, Esquire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Date: June 2,7, 2011 Attorneys for Plaintiff VERIFICATION I, David M. Chajkowski, Asset Recovery Officer at Plaintiff Metro Bank flida Commerce Bank/Harrisburg, NA, have read the foregoing Complaint in Confession of Judgment and verify that the facts set forth therein are true and correct according to the best of my knowledge, information and belief, and that as an Asset Recovery Officer I am authorized to execute this Verification on behalf of the Plaintiff. I understand that any false statement made herein is subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. zzy- M. C hajkowskd Asset Recovery Officer David Dated: 4 4 EXf1IBIT:? PROMISSORY NOTE $2,050,000 Dated: May 30, 2003 Harrisburg, PA For value received and intending to be legally bound, PROGRESS AVENUE LIMITED PARTNERSHIP, a Pennsylvania limited partnership ("Maker'), having an address of 101 U.S. Route 15 South, Dillsburg, PA 17019, promises to pay to the order of COMMERCE BANKaIARRISBURG, N.A., a national banking association (hereinafter called "Payee% at P. 0. Box 8,599, 100 Senate Avenue, Camp Hill., Pennsylvania 17001-8599, or such other place as Payee may designate in writing, the principal sum of Two Million Fifty Thousand ($2,050,000) Dollars lawful money of the United States of America or such lesser amount as shall have been advanced by Payee to Maker (the "Loan") pursuant to the terms of a certain Construction Loan and Security Agreement of even date herewith by and between the Payee and the Maker (the "Loan Agreement"). The proceeds of the Loan will be utilized by the Maker for the purposes set forth in the Loan Agreement. The Loan is evidenced by this Note which is executed pursuant to the terms of a commitment letter of the Payee to the Maker dated May 30, 2003, the terms and conditions of which are incorporated herein by reference. The consideration for this Note is the present and future advancement of funds to the Maker by the Payee pursuant to the terms of the Loan Agreement, and secured by a certain Open-End Mortgage and Security Agreement (the "Mortgage") of even date herewith given by the Maker to the Payee, granting and conveying inter alia all of the Maker's right, title and interest in the Mortgaged Premises (as defined in the Loan Agreement and in the Mortgage). The obligation represented by this Note shall have the full force, effect and benefit of an obligation to secure present and future advances to be made by Payee to Maker pursuant to the terms of the Loan 5/301'03 :3210713 Agreement which is incorporated herein by reference thereto. Capitalized terms used, but not defined, herein shall have the same meaning as in the Loan Agreement. The Note shall be payable as follows: (a) Payments of interest only at the Applicable Rate of Interest set forth below then in effect on principal amount of this Note shall be made by Maker to Payee monthly, commencing on the 30`h day of June, 2003 and on same day of each month thereafter to and including April 30, 2005. (b) On May 30, 2005 (the "Maturity Date"), Maker shall make a final payment of all then unpaid principal and all then accrued and unpaid interest and any and all other payments or amounts due under this Promissory Note (the "Note") or any other Loan Documents as that term is defined hereinafter. Provided that the Maker does not elect to fix the Applicable Rate of Interest as hereinafter provided, the Applicable Rate of Interest shall be a floating rate of interest which shall at all times be one-half (0.5%) percent per annum above the Base Rate on corporate loans at large U.S. Money Center Commercial Banks as published in the Money Rates Column of the Wall Street-journal, Eastern Edition, or its successor publication. If the Base Rate is designated as more than one rate or is published as a range of rates, the Applicable Rate of Interest shall mean the highest of the rates so designated or published. At any time, the Maker may, by providing written notice to the Payee, fix the Applicable Rate of Interest at that rate of interest equal to the U.S. Treasury Rate (then in effect) as defined below plus three (395) percent. The "U.S. Treasury Rate" is the weekly average yield calculated by linear interpolation (rounded to .1251%) of the yields, as reported in the Federal Reserves Statistical Release H.15-Selected Interest Rates under the heading "U.S. Government Securities/Treasury Constant Maturities" for the week ending prior to the date upon 5/M3 :321071_3 2 which the Maker provides its written election to the Payee of the U.S. Treasury Constant Maturities with the term of five (5) years. In the event Release H.15 is no longer published, the Payee shall select a comparable publication to determine the U.S. Treasury Rate. If the Maker elects to fig the Applicable Rate of Interest, the Rate of Interest so fix and shall be in effect until the Maturity Date. For as long as the Applicable Rate of Interest is a floating rate, the Applicable Rate of Interest shall change on the day on which any change in the Base Rate as applicable shall become effective. When the Applicable Rate of Interest changes on a day other than the first of each calendar month, interest for the month in which such change or changes occur shall be calculated on a Eer 'em basis with the various Applicable Rates of Interest in effect for that month. To the extent permitted by Pennsylvania law, interest shall be calculated by the method known as the "Banker's Rule" using the actual days the principal balance is outstanding hereunder divided by 360 days and multiplying the quotient of the Applicable Rate of Interest times the unpaid principal balance hereof; provided, however, that to the extent such calculation is not permitted by Pennsylvania law, interest hereunder shall be calculated on the basis of a 365 or 366rday year as the case may be. If any installment of principal and/or interest under this Note or any other sum due under any other Loan Document (as hereinafter defined) is not paid on its due date, and such payment is not made within fifteen (15) days after its due date, or if the Maker fails to pay the entire principal balance, together with interest accrued thereon, and all other sums due under this Note or any other Loan Document on the Maturity Date as defined herein, interest shall be due on such overdue amount (including overdue interest) from its due date to the date on which it is paid at the rate of two percent (2%) per annum above the Applicable Rate of Interest, but not more than the highest rate permitted by law (the "Default Rate"). Such interest at the Default Rate shall (in addition to all other interest) be due on 3!30103 :3210713 each payment date and on the date on which the overdue amount is paid. Interest at the Default Rate shall be due on all interest from the date on which it is due until the date on which it is paid and any interest which is not paid at maturity (whether stated or accelerated) shall be added to the principal balance of this Note on the Maturity Date. Maker may prepay the unpaid principal sum hereof in whole or in part without prepayment charge or premium. Each prepayment shall be accompanied by payment of all interest accrued hereunder to the date of payment. Each partial payment shall be applied against the installments of principal last (by date) due and payable and no prepayment shall postpone or interrupt payment of future installments of principal and interest which shall continue to be due and payable until payment hereof in full. In the event any of the aforesaid payments of interest and/or principal remain unpaid fifteen (15) days after such payments are due, Maker shall pay a delinquency charge of five percent (5%) of the amount so overdue to cover the extra expense involved in handling delinquent payments. Provisions for such delinquency charge shall not be construed to permit Maker to make any payment after its due date, obligate Payee to accept any overdue installment, or affect Payee's rights and remedies upon default. Maker shall not be obligated to pay and Payee shall not collect interest at a rate in excess of the maximum permitted by law or the maximum that will not subject Payee to any civil or criminal penalties. If, because of the acceleration of maturity, the payment of interest in advance or any other reason, Maker is required, under the provisions of any Loan Document, to pay interest at a rate in excess of such maximum rate, the rate of interest under such provisions shall immediately and automatically be reduced to such maximum rate, and any payment made in excess of 55=3 :3210713 4 such maximum rate, together with interest thereon at the rate provided herein from the date of such payment, shall be immediately and automatically applied to the reduction of the unpaid principal balance of this Note as of the date on which such excess payment was made. If the amount to be so applied to reduction of the unpaid principal balance exceeds the unpaid principal balance, the amount of such excess shall be refunded by Payee to Maker. This Note is secured by and entitled to all of the benefits of (i) an Open- End Mortgage and Security Agreement of even date herewith from Maker as Mortgagor to Payee as Mortgagee on the Mortgaged Premises; (ii) security interests (the "Security Interests') granted to Payee in the Mortgage and the Loan Agreement in the Collateral more fully described therein; (iii) the unlimited and unconditional Guaranty and Surety Agreements of DUSAN BRATIC and KATHLEEN BRATIC, his wife ("Guarantors"); and (iv) all additional security set forth in the Commitment Letter and the Loan Agreement (the Mortgage, the Guaranties, and the Loan Agreement, are hereinafter collectively referred to as the "Loan Documents"). Reference is made to the Loan Documents for a description of the properties and collateral mortgaged, secured and pledged as security for this Note, the nature and extent thereof, the rights of the holder of this Note and the Maker and the Guarantors in respect of such security and otherwise, and the terms upon which this Note is issued. All of the terms, covenants, agreements, conditions, warranties and provisions contained in the Loan Documents are hereby incorporated into this Note with the same force and effect as if they were fully set forth herein. Maker covenants and agrees to comply with and perform all such provisions, or cause them to be complied with and performed, strictly in accordance with their terms. For purposes of this Note "Collateral Security" means any and all goods, chattels, inventory, equipment, securities, deposits, accounts receivable, notes, documents, instruments, money, safe deposit box contents, and other property of 5/30/03 :3210713 Maker of whatever kind or nature which may now or hereafter be deposited with or in the possession or control of Payee. Maker hereby pledges the Collateral Security as security for the payment of this Note and agrees that, in the event of a default under this Note (whether or not the default is an event of default as defined below), Payee may set off any of the Collateral Security against any amount due hereunder or apply any other Collateral Security or other proceeds of the Collateral Security to any amount due under this Note or under any other Loan Document, "Default" under this Note shall mean any Event of Default (as hereinafter defined) and any event which with the passage of time or the giving of notice, or both, would become an Event of Default. Upon Default, Payee may collect any late charges, interest on overdue amounts at the Default Rate and any damages or loss to Payee by reason of the default and may set off the Collateral Security against or apply it to any sum due under this Note or any other Loan Document. Each of the following events shall constitute an "Event of Default" under this Note, subject to any applicable notice and grace period as set forth herein or therein: (a) Maker fails to make any payment of principal or interest or any other sum required to be made under this Note, the Mortgage, the Loan Agreement, or any other Loan Document, and such payment is not made within fifteen (15) days after its due date; (b) there occurs an Event of Default as defined in the Mortgage, the Loan Agreement or any other Loan Document (as hereinbefore defined) executed by Maker; (c) if any Maker or Guarantor becomes insolvent or makes an assignment for the benefit of creditors; or (d) if (i) a Court shall enter a decree or order for relief in respect of any Maker or Guarantor in an involuntary case under the Federal Bankruptcy Code or any applicable bankruptcy, insolvency or other similar law now or hereafter in effect, or appointing a receiver, liquidator, assignee, custodian, 3/30/03 321071_3 6 trustee, sequestrator (or similar official) of any Maker or Guarantor or for any of the property of any Maker, ordering the winding up or liquidation of his/her/its/their affairs, and such decree or order shall remain unstayed and in effect for a period of thirty (30) days; or (ii) any Maker or Guarantor shall commence an action in bankruptcy, insolvency, or under any other similar law now or hereinafter in effect, or shall consent to the entry of an order for relief in an involuntary case under any such law, or shall consent to the appointment of or taking possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or similar official) of any Maker or Guarantor or for any part of his/her/its/their property; (e) failure by the Maker to observe or perform any other covenant, agreement, condition or term of this Note not otherwise specifically enumerated as an Event of Default which remains uncured thirty (30) days after written notice thereof by Payee provided that if such failure cannot be reasonably cured within such thirty (30) day period as aforesaid and if Maker has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein may be extended up to a date set by Payee (or breach by Maker of any other obligation to the Payee subject to any applicable notice and/or grace period); or W any representation or warranty in any financial or other statements, schedule, certificate or other document of any Maker or Guarantor delivered to Payee by or on behalf of any Maker or Guarantor shall prove to be false, misleading, or incomplete in any material respect; or (g) a material adverse change occurs in the financial condition of any Maker or Guarantor; (h) Maker assigns or otherwise transfers or attempts to assign or transfer any interest in the Mortgaged Premises (except as provided in the Mortgage); or (i) Maker or any Guarantor defaults under the terms of any other promissory note, loan agreement or obligation of Maker or any Guarantor to Payee or any other creditor. At any time after occurrence of an Event of Default, Payee may, at Payee's option and without notice or demand, do any one or more of the following. 5/30/03 :321071.3 7 (a) without declaring the unpaid principal balance to be due, collect all installments of principal and/or interest (at the then applicable rate provided above to the date on which a default occurs and, thereafter, at the Default Rate) and all other sums due under this Note or any other Loan Document from time to time, by any action provided in this Note or any other Loan Document or provided at law or in equity; (b) declare the entire unpaid principal balance of this Note, together with interest accrued thereon (at the then applicable rate provided above to the date on which a default occurs and, thereafter, at the Default Rate) and all other sums due from Maker under this Note or any other Loan Document to be due and payable immediately; and/or (c) exercise any other right or remedy as may be provided in this Note or any other Loan Document or provided at law or in equity. Payment of all or any part of the Indebtedness (as defined below) may be recovered at any time by any one or more of the foregoing remedies. Whether or not the entire unpaid principal balance is declared to be due, the interest rate on the unpaid principal balance shall be the Default Rate from the date on which an Event of Default occurs until the date on which all defaults are cured or the entire unpaid principal balance and all other swans due under this Note or any other Loan Document (collectively, the "Indebtedness") are actually received by Payee. Upon the entry of any judgment after default, interest shall continue to accrue at the Default Rate on the judgment amount from the date of judgment until actual receipt of the entire Indebtedness by Payee, including any period after a Sheriffs Sale of the Mortgaged Premises. 5130/03 :3210713 8 In any action under this Note or any other Loan Document, Payee may recover all costs of suit and other expenses in connection with the action, including the cost of any title search and reasonable attorneys fees, paid or incurred by Payee. The rights and remedies provided to Payee in this Note and the other Loan Documents, including all warrants of attorney, (a) are not exclusive and are in addition to any other rights and remedies Payee may have at law or in equity, (b) shall be cumulative and concurrent, (c) may be pursued singly, successively or together against Maker, any of the Mortgaged Premises, any of the Collateral Security and/or any other security at the sole discretion of Payee, and (d) may be exercised as often as occasion therefor shall arise. The failure to exercise or delay in exercising any such right or remedy shall not be construed as a waiver or release thereof. Maker hereby waives and releases Payee and its attorneys from all errors, defects and imperfections (of a procedural nature) in any proceeding instituted or maintained by Payee under this Note or any other Loan Document. Maker hereby, to the extent not prohibited by law, waives all benefit of any and all present and future statutes of limitations and moratorium laws and any and all present and future laws which (a) exempt all or any part of the Mortgaged Premises, the Collateral Security or any other real or personal property or any part of the proceeds of any sale of any such property from attachment, levy, foreclosure or sale under execution, (b) provide for any stay of execution, marshaling of assets, exemption from civil process, redemption, extension of time for payment, or valuation or appraisement of all or any part of the Mortgaged Premises, the Collateral Security or any other real or personal property, or (c) conflict with any provision of this Note or any other Loan Document. Maker agrees that the Mortgaged Premises, the Collateral Security and any other real or personal property may be sold to satisfy any 3/30/03 :321071_3 9 judgment entered under this Note or any other Loan Document in whole or in part and in any order as may be desired by Payee. Maker and all endorsers, sureties and guarantors, jointly and severally: (a) waive presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices (not expressly provided for in this Note) in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note; (b) agree that the liability of each of them shall be unconditional without regard to the liability of any other party and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee at any time; (c) consent to any and all indulgences, extensions of time, renewals, waivers or modifications granted or consented to by Payee at any time; (d) consent to the release of all or any part of or interest in the Mortgaged Premises or the Collateral Security or any other collateral described in any Loan Document, with or without substitution; and (e) agree that additional makers, endorsers, guarantors or sureties may become parties to this Note or any other Loan Document without notice to them or affecting their liability under this Note or any other Loan Document. Payee shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Payee. Such a written waiver signed by Payee shall waive Payee's rights and remedies only to the extent specifically stated in such written waiver. A waiver as to one or more particular events or defaults shall not be construed as continuing or as a bar to or waiver of any right or remedy as to another or subsequent event or default. Maker shall pay the cost of any revenue, tax or other stamps now or hereafter required by law to be affixed to this Note. Maker shall pay any and all 5/30/03 M10713 10 taxes imposed upon Payee by reason of this Note or the ownership or possession of this Note, including personal property taxes, but excluding any income taxes imposed by reason of interest received by Payee under this Note, and shall reimburse Payee for the amount any such taxes paid by Payee. If Maker fails or refuses or is not legally permitted to make such payment or reimbursement, Payee, may, at its option, declare the Indebtedness to be immediately due and payable, whereupon Maker shall immediately pay such principal and other sums to Payee. If Maker shall, without in each instance the prior written consent of Payee, sell, transfer, convey, mortgage, encumber, lease or otherwise alienate all of any part of the Mortgaged Premises or any interest therein (except for the sale of lots in the ordinary course of Maker's business if payment of the appropriate release price is made to Payee in accordance with the Mortgage), whether voluntarily or by operation of law, then Payee may, at its sole option, declare the Indebtedness to be immediately due and payable, whereupon all such principal and other sums shall be immediately due and payable. The sale or transfer of any beneficial interest in Maker shall constitute a transfer of the Mortgaged Premises. Payee shall not be construed for any purpose to be a partner, joint venturer or associate of Maker or of any lessee, operator, concessionaire or licensee of Maker or of any of the Mortgaged Premises by reason of this Note or any of the Loan Documents or of any action by Payee pursuant to any provision of this Note or any other Loan Document. Time is of the essence of each and every provision of this Note. The words "Payee" and "Maker" shall include the respective heirs, distributees, personal representatives, successors and assigns of Payee and Maker, respectively. The provisions of this Note shall bind and inure to the benefit of Payee 550103 :3210713 11 and Maker and their respective heirs, distributees, personal representatives, successors and assigns provided that the provisions of this paragraph are subject to all the other provisions of this Note and the other Loan Documents, including the above due-on-sale clause. If there is more than one Maker, the liability of each shall be joint and several. As to all pronouns and other terms in this Note, the singular shall include the plural and vice versa and any gender shall include the other gender, as the context may require. The phrase "any of the Mortgaged Premises" shall mean "all or any part of any of the Mortgaged Premises or any interest therein." The phrase "any of the Collateral Security" shall mean "all or any part of the Collateral Security or any interest therein." This Note may be modified, amended, discharged or waived only by an agreement in writing signed by the party against whom enforcement of any such modification, amendment, discharge or waiver is sought. This Note shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania- All notices, requests, demands and other communications given pursuant to any provision of this Note shall be given in writing by U.S. certified or registered mail with return receipt requested and postage prepaid, or by any 24-hour courier service with proof of delivery, addressed to the party for which it is intended at the address of that party first stated above or such other address of which that 3!30/03 3210713 12 party shall have given notice in the manner provided herein. Any such mail notice shall be deemed to have been given when the notice is deposited in the mail. Any such courier notice shall be deemed to have been given on the following business day. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR ATTORNEYS OR THE PROTHONOTARY OR CLERK OF ANY COURT OF RECORD IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN ANY OTHER JURISDICTION WHICH PERMITS THE ENTRY OF JUDGMENT BY CONFESSION, UPON DEFAULT AS HEREIN DEFINED, TO APPEAR FOR ANY OR ALL MAKER IN SUCH COURT IN AN APPROPRIATE ACTION THERE BROUGHT OR TO BE BROUGHT AGAINST MAKER AT THE SUIT OF PAYEE ON THIS NOTE, WITH OR WITHOUT COMPLAINT OR DECLARATION FILED, AS OF ANY TERM OR TIME, AND THEREIN TO CONFESS OR ENTER JUDGMENT AGAINST MAKER FOR ALL SUMS DUE BY MAKER TO PAYEE UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS ('WITH OR WITHOUT ACCELERATION OF MATURITY), INCLUDING ALL COSTS AND REASONABLE ATTORNEYS' FEES. FOR SO DOING THIS NOTE OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. THE AUTHORITY TO CONFESS JUDGMENT GRANTED HEREIN SHALL NOT BE EXHAUSTED BY ANY EXERCISE THEREOF BUT MAY BE EXERCISED FROM TIME TO TIME AND AT ANY TIME AS OF ANY TERM AND FOR ANY AMOUNT AUTHORIZED HEREIN. MAKER EXPRESSLY AUTHORIZES THE ENTRY OF REPEATED JUDGMENTS UNDER THIS PARAGRAPH NOTWITHSTANDING ANY PRIOR ENTRY OF JUDGMENT IN THE SAME OR ANY OTHER COURT FOR THE SAME OBLIGATION OR ANY PART THEREOF. MAKER ACKNOWLEDGES THAT THEY HAVE BEEN REPRESENTED BY COUNSEL IN CONNECTION WITH THE EXECUTION AND 3/30103 :32107_3 13 DELIVERY OF THIS NOTE; AND MAKER WAIVES ANY RIGHT TO NOTICE OR A HEARING WHICH IT MIGHT OTHERWISE HAVE BEFORE ENTRY OF JUDGMENT. {{-?--IN WITNESS WHEREOF, Maker has caused this Note to be executed the `''??lay of May, 2003. PROGRESS AVENUE LIMITED PARTNERSHIP, a Pennsylvania 'ted partnership WITNESS: i By; Dusan Bratic, General Partner M3M :3210713 14 EXPLANATION OF RIGHTS - CONFESSION OF JUDGMENT 1. On May 30, 2003, PROGRESS AVENUE LIMITED PARTNERSHIP (the "Borrower"), as Maker, executed a Promissory Note (the "Note") payable to the order of COMMERCE BANKIHARRISBURG, N.A., a national banking association, its successors and assigns ("Commerce") in the original principal amount of $2,000,000 together with interest thereon and all other charges as set forth therein or in any other Loan Document as defined therein. Borrower desires to induce Commerce to close the Loan to Borrower. Borrower clearly and specifically understands that by signing the Note, which contains a confession of judgment clause; (a) Borrower authorizes Commerce to enter a Judgment against Borrower and in Commerce's favor which will give Commerce a lien upon any real estate which the Borrower may own; (b) Borrower gives up the right to any notice or opportunity to be heard prior to the entry of such Judgment on the records of the court; (c) Borrower agrees that Commerce can enter the Judgment after default as defined in the Note or in any other Loan Document executed by Borrower simultaneously herewith; (d) Borrower subjects Borrower's property, real, personal and mixed, to execution and sheriffs sale, pursuant to the Judgment, prior to proof of non-payment or other default on Borrower's part; (e) Borrower will be unable to challenge the Judgment, should Commerce enter it except by proceeding to seek relief from or to open or to strike the Judgment, and such a proceeding will result in attorneys' fees and costs which the Borrower will have to pay; M Borrower gives up the right to require Commerce to present a sworn document setting forth in non-conclusory terms the basis for its claim before obtaining a writ of garnishment or a writ of attachment or a writ of execution; (g) Borrower agrees that the writ of garnishment or writ of attachment or writ of execution may be issued without notice and without the necessity of a review and approval by an official vested with requisite discretion; and (h) Borrower gives up the right or opportunity for a prompt hearing after seizure of or execution or levy on the Borrower's property, at which hearing Commerce must demonstrate at least the probable w7m :=1761 validity of its claim and that Borrower voluntarily, intelligently and knowingly gave up Borrower's constitutional right to notice and hearing prior to entry of the Judgment. 2. Borrower knows and understands that it is this instrument and the confession of judgment clause in the Note which gives Commerce the rights and beneStts enumerated in subparagraphs (a) through (h) of paragraph 1 above. IF v1?LL' LW1lS1?Ll7 1K3A'S1 DVXMVWMAX'L vnUW4) LAM UM FULLOWING: (a) the right to have notice and an opportunity to be heard prior to entry of the Judgment; (b) the right to have the burden of proving default rest upon Commerce before Borrower's property can be exposed to levy, attachment, garnishment or execution; (c) the right to avoid the additional expense of attorneys' fees and costs incident to seeking relief from or opening and striking off a judgment, (d) the right to require Commerce to present a sworn document setting forth in non-conclusory terms the basis of its claim before Commerce obtains a writ of garnishment or a writ of attachment or a writ of execution; (e) the right to condition the issuance of a writ of garnishment or a writ of attachment or a writ of execution on notice and review and approval by an official vested with requisite jurisdiction; (f) the opportunity for or right to a prompt hearing after seizure of or levy or execution on Borrower's property, at which hearing Commerce must demonstrate the probable validity of its claim and that Borrower voluntarily, intelligently and knowingly gave up Borrower's constitutional right to notice and hearing prior to entry of Judgment. 3. Fully, completely and knowingly understanding these rights which Borrower has prior to signing the Note and this instrument and clearly aware that these rights will be given up, waived, relinquished and abandoned if Borrower signs the Note and this instrument, Borrower nevertheless freely and voluntarily chooses to sign the Note and this instrument, Borrower's intentions being to give up, waive, relinquish and abandon its known rights (as described in paragraph 2 above), and subject itself to the circumstances described in paragraph I above. 4. Borrower acknowledges that (a) the Note and this instrument have been executed in a commercial transaction for business purposes; (b) at all times material hereto Borrower was represented by counsel in connection with the execution of the Note and every other Loan Document, and in particular the Note and this instrument; and (c) Borrower reviewed the Note and this instrument with Borrower's attorney before signing them. 5. Whenever the context of this instrument requires, all terms used in the singular will be construed in the plural and vice versa, and each gender will include each other gender. W7/03 =71761 Dated this 30`h day of May, 2003. BORROWER HAS READ THIS ENTIRE FORM. BORROWER FULLY UNDERSTANDS ITS CONTENTS AND INTENDS TO BE LEGALLY BOUND HEREBY. Witness BORROWER: PROGRESS AVENUE LIMITED PARTNERSHIP By: :fZ- f ? Name: Dusan Bratic Title: General Partner 5Y27/08 :3271761 M PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 13h day of April, 2011, by and between Metro Bank (hereinafter called "Payee"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17111, and Progress Avenue Limited Partnership (hereinafter called "Maker"). WITNESSETH: WHEREAS, Maker executed and delivered to Payee a Promissory Note (the "Note") dated May 30, 2003 in the original amount of $2,050,00.00, which evidences a loan (#3051650), as amended by the Payee to the Maker, and WHEREAS, the Payee and Maker mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Payee and Maker covenant and agree to amend and modify the Note heretofore described as follows: 1. The maturity date for the above-referenced loan is hereby extended from April 1, 2011 to May 1, 2011. This Promissory Note Modification Agreement is deemed to have been effective as of April 1, 2011. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Maker hereby ratifies and affirms each and every term and condition, obligation, and covenant of Maker under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Reference to Payee: This Promissory Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, N.A. MAKER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE PROMISSORY NOTE DATED MAY 30, 2003, REMAINS IN FULL FORCE AND EFFECT AND PAYEE'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. THE EXPLANATION OF RIGHTS REGARDING CONFESSION OF JUDGMENT DATED MAY 30, 2003 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. BOTH THE PROMISSORY NOTE AND THE EXPLANATION OF RIGHTS-CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. fYR-GL-Gill J. vu • W w.. u..? r.......... .. . . ?. . i IN WITINIM WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ode pollll? Witness Bank Andrew D. ]ghnsibn Senior Vice resident Maker: &xwress Avenue BY: Partnership Dusah Bratic, General Partner of Progress Avenue Limited Partnership 2 rM -.,M•J t PT :9'T Z TV7-9-2-84y PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 15" day of March, 2011, by and between Metro Bank (hereinafter called "Payee"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 11111, and Progress Avenue Limited Partnership (hereinafter called "Maker"). WITNESSETH: WHEREAS, Maker executed and delivered to Payee a Promissory Note (the "Note") dated May 30, 2003 in the original amount of $2,050,00.00, which evidences a loan (#3051650) by the Payee to the Maker, and WHEREAS, the Payee and Maker mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Payee and Maker covenant and agree to amend and modify the Note heretofore described as follows: 1. The maturity date for the above-referenced loan is hereby extended from March 1, 2011 to April 1, 2011. This Promissory Note Modification Agreement is deemed to have been effective as of March 1, 2011. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Maker hereby ratifies and affirms each and every term and condition, obligation, and covenant of Maker under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Reference to Payee: This Promissory Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, NA. MAKER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE PROMISSORY NOTE DATED MAY 30, 2003, REMAINS IN FULL FORCE AND EFFECT AND PAYEE'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT, THE EXPLANATION OF RIGHTS REGARDING CONFESSION OFJUDGMENT DATED MAY 30, 2003 REMAINS IN FULL FORCE AND EFFECT AND 15 DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. BOTH THE PROMISSORY NOTE AND THE EXPLANATION OF RIGHTS-CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. r n .nn • i ?C ! QT T T99-C 1-A4LJ IN Wrf7 M WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: 6 U Witness Metro Bank Andrew Joh n Senior Yt President Make rogress Avenue Limited Partnership 8Y; Du An Bradt, General Partner of Progress Avenue Limited Partnership 2 PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this a01 day of February, 2011, by and between metro Bank (hereinafter called "Payee"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17321, and Progress Avenue Limited Partnership (hereinafter called "Maker"). WfMESSETH: WHEREAS, Maker executed and delivered to Payee a Promissory Note (the "Note") dated May 30, 2003 in the original amount of S2,050,00.00, which evidences a loan (93051650) by the Payee to the Maker, and WHEREAS, the Payee and Maker mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and Intending to be legally bound hereby, Payee and Maker covenant and agree to amend and modify the Note heretofore described as follows; 1. The maturity date for the above-referenced loan is hereby extended from February 1, 2011 to March 1, 2011. This Promissory Note Modification Agreement is deemed to have been effective as of February 1, 2011. 2. Effective -with the signing of this Agreement, an interest rate floor in the amount of 5.00% will be added. Except to the extern specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shalt remain in full force and effect. Maker hereby ratites and affirms each and every term and condition, obligation, and covenant of Maker under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Reference to Payee: This Promissory Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Hariisburg, N.A. MAKER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE PROMISSORY NOTE DATED MAY 30, 2003, REMAINS IN FULL FORCE AND EFFECT AND PAYEE'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. THE EXPLANATION OF RIGHTS REGARDING CONFESSION OF JUDGMENT DATED MAY 30, 2003 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WrrH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. BOTH THE PROMISSORY NOTE AND THE EXPLANATION OF RIGHTS-CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. T T . MT Ir Ir ?CJ??31 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. AMST: 6wet-_-- Witness Metro Bank BY: Andrew .pkfton Senior a President Make, rogress Avenue Limited Partnership BY: L-1, D n Bratic, Gene Partner of Progress Avenue Limited Partnership 2 -- -- n, PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 24" day of January, 2011, by and between Metro Bank (hereinafter called "Payee"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17111, and Progress Avenue Limited Partnership (hereinafter called "Maker"). WITH ESStTH: WHEREAS, Maker executed and delivered to Payee a Promissory Note (the "Note") dated may 30, 2003 in the original amount of 32,050,00.00, which evidences a loan (#3051650) by the.Payee to the maker, and WHEREAS, the Payee and Maker mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Payee and Maker covenant and agree to amend and modify the Note heretofore described as follows: 1. The maturity date for the above-referenced loan is hereby extended from January 1, 2011 to February 1, 2011. This Promissory Note Modification Agreement is deemed to have been effective as of January 1, 2011. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. - Maker hereby ratifies and affirms each and every term and condition, obligation, and covenant of Maker under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Reference to Payee: This Promissory Note Modification agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, N.A. MAKER AGREES THAT THE CONFESSION OF JUDGMENT CLAUSE CONTAINED IN THE PROMISSORY NOTE DATED MAY 30, 2003, REMAINS IN FULL FORCE AND EFFECT AND PAYEE'S RIGHTS THEREUNDER CONTINUE WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. THE EXPLANATION OF RIGHTS REGARDING CONFESSION OF JUDGMENT DATED MAY 30, Z003 REMAINS IN FULL FORCE AND EFFECT AND IS DEEMED TO BE REAFFIRMED WITH THE SIGNING OF THIS PROMISSORY NOTE MODIFICATION AGREEMENT. BOTH THE PROMISSORY NOTE AND THE EXPLANATION OF RIGHTS- CONFESSION OF JUDGMENT ARE ATTACHED HERETO AS EXHIBIT A. K:LT TTOZ-Li?-NUZ 7-0 ' d 77101 IN WITNESS WHEREOF; the parties hereto have executed this Agreement the day and year first above written. ATTEST: BY: President Avenue Limited Partnership BY: --- Witness Du n Bratic, General Partner of Progress Avenue Limited Partnership 2 TOTAL P.03 Metro Bank mr- ). t L t OJT-LZ-NUr PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 22"d day of November, 2010, by and between Metro Bank (hereinafter called "Lender"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17111, and Progress Avenue Limited Partnership (hereinafter called 'Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Lender a. Promissory Note (the "Note") dated May 30,2003 in the original amount of 52,050,00.D0, which evidences a loan (#3DS1650) bythe Lender to the Borrower, and WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and In consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement the Maturity Date of the Note will be extended from December 1, 2010 to January 1, 2011. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Reference to Lender: This Promissory Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, N.A. Confession of Judgment: Borrower Hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note and with or without complaint filed, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued interest, late charges and any and all amounts expended or advanced by tender relating tolany collateral securing this Note, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars ($500) on which judgment or judgments one or more executions may issue Immediately, and for so doing this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of an amounts due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such confession of judgment and states that either representative of Lender specifically called this confession of judgment'provision to Borrower's attention or Borrower has been represented by independent legal counsel. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ,ower: Proarelds Avenue Limited Pa BY: Bratic, General Partner of Progress Avenue Umited Partnership ATTEST. Metro Bank Andrew JpKnson senior Vke P ent 3 PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 23RD day of September, 2010, by and between Metro Bank (hereinafter called "Lender"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17111, and Progress Avenue Limited Partnership (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Lender a Promissory Note (the "Note") dated May 30,2003 in the original amount of $2,050,00.00, which evidences a loan (##3051650) by the Lender to the Borrower; and WHEREAS, the Linder and Borrower mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement the Maturity Date of the Note will be extended from October 1, 2010 to December 1, 2010. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shall remain In full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Reference to Lender: This Promissory Ndte Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, N.A. Confession of Judgment: Borrower Hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note and with or without complaint filed, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued interest, late charges and any and all amounts expended or advanced by Lender relating to any collateral securing this Note, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars ($500) on which judgment or judgments one or more executions may issue immediately; and for so doing this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such confession of judgment and states that either representative of Lender specifically called this confession of judgment provision to Borrower's attention or Borrower has been represented by independent legal counsel. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: *ness Metro Bank BY: A rew Johnson Commercial Loan cer Borrower: Progrps)OAvenue Limited Partnership BY: Dusan Bratic, General Partner of Progress Avenue Limited Partnership 2 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 23'd DAY OF SEPTEMBER, 2010, A PROMISSORY NOTE MODIFICATION AGREEMENT FOR $2,050,000.00 (LOAN NUMBER 3051650) OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE AND THE PROMISSORY NOTE MODIFICATION AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE AS AMENDED, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY.OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE AS AMENDED, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT A NST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. 4460-- INITIALS: B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUTADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: -2? C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS: / JD 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONN 0 WITH THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT. L A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENTTO DECLARANT'S ATTENTION. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: Progress Avenue Limited Partnership BY: Dusan (SEAL) of Progress Avenue Limited Partnership JUL-22-4diu 15; 5y U rrll::X U? D0CUMN I H I IUN YVe 909 0355 P-02 PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 22nd day of July, 2010, by and between Metro Bank (hereinafter called "Lender"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 17111, and Progress Avenue Limited Partnership (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Lender a Promissory Note (the "Note") dated May 30,2003 in the original amount of $2,050,00.00, which evidences a loan (#3051550) by the Lender to the Borrower; and WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement the Maturity Date of the Note will be extended from July 1, 2010 to October 1, 2010. This Promissory Note Modification Agreement is deemed to be effective as of July 1, 2010. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Reference to Lender: This Promissory Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, N.A. Confession ofludgment: Borrower Hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at anytime for Borrower after a default under this Note and with or without complaint filed, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued interest, late charges and any and all amounts expended or advanced by Lender relating to any collateral securing this Note, together with costs of suit, and an attorneys commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars (5500) on which judgment or judgments one or more executions may issue immediately; and for so doing this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such confession of judgment and states that either representative of Lender specifically called this confession of judgment provision to Borrower's attention or Borrower has been represented by independent legal counsel. J UL-dG-elalu Z? 5J I.UITr-M-t LUUJMtN I H I 1 UN YIY yby W-C.1)5 r. a s IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Metro Bank 25 BY., Officer Limited Partnership ,&i-I= BY: ie"ss n Bratic, Genera} Partner of Progress Avenue limited Partnership 2 JL1L-22-2010 15 59 COMMERCE DOCUMENTATION 717 909 0355 P.04 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 22' DAY OF JULY, 2010, A PROMISSORY NOTE MODIFICATION AGREEMENT FOR S2,050,000.00 (LOAN NUMBER 3051650) OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE AND THE PROMISSORY NOTE MODIFICATION AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE AS AMENDED, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE AS AMENDED, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAMNG THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. ?. INITIALS: &? B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANTS PROPERTY, IN FULL OR PARTIAL. PAYMENT OF THE JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND JtRF L LAW, WITHOUTGIVING DECLARANTANY ADVANCE NOTICE. k INITIALS: ??? C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS: 1. DECLARANT WAS REPRESENTED BY DECLARANTS OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT. +k 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENTTO DECLARANTS ATTENTION. THIS DISCLOSURE 11 GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE 15 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALS INSTRUMENT ACCORDING TO LAW. DECLARANT: BY. E)uzan Limited r - - (SEAL) General Partner of Progress Avenue Limited Partnersbip rri y-e-b-m 110 1 0 . yp kM a .. . ??.? ........... ?. PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT, made and entered into as of this 12th day of May, 2010, by and between Metro Bank (hereinafter called "Lender"), having its principal place of business at 3801 Paxton Street, Harrisburg Pennsylvania 1711L and Progress Avenue limited Partnership (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to lender a Promissory Note (the "Note") dated may 30,2003 in the original amount of $2,050.00-00, which evidences a loan (113051650) bythe Lender to the Borrower, and WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Note to extend the maturity date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The None and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement the Maturity Date of the Note will be extended from June 1, 2010 to August 1, 2010. Except to the extent specifically set forth herein, all of the terms, conditions, covenants and agreements contained In the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not abr, diminish, or otherwise affect the lien of the mortgage or the collateral therein described. Reference'to lender. This Promissory Note Modification Agreement is being made by Metro Bank formerly known as Commerce Bank/Harrisburg, N.A. Confession of Judam Borrower Hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note and with or without complaint filed, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued interest, late charges and any and all amounts expended or advanced by Lender relating to any collateral securing this Note, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars ($500) on which judgment or judgments one or more executions may issue immediately; and for so doing this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such confession of judgment and states that either representative of Lender specifically called this confession of judgment provision-to Borrower's attention or Borrower has been represented by independent legal counsel. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. G'C'-CT 01tR7-J.7-kHW ATTINT: Metro Bank IVI Andrew c remmek aKoan officer progress Avenue Limited Partnership l Sl. Q by, n Bratic, General Partner of Progress Avenue Limited Partnership 2 £E:C'T OTOE-LE-A44 t DISCLOSURE FOR CONFESSION OF JUOGIVIENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 12w DAY OF MAY, ZD10, A PROMISSORY NOTE MODIFICATION AGREEMENT FOR S2,0SDAW,00 (LOAN NUMBER 3051650) OBLIGATING DECLARANT TO REPAY THAT AMOUNT. Q THE UNDERSIGNED UNDERSTANDS THAT THE NOTE AND THE PROMISSORY NOTE MODIFICATION AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT. AFTER A DEFAULT ON THE NOTE AS AMENDED, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE AS AMENDED, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE -NOTICE OF THE ENTRY OF JUDGMENT. AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'5 ENTERING JUDGMENT' AI STD LARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INI'T1AL5: B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENTAGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING. TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANTS PROPERTY. IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT. BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAMNG THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING DECLARANTANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIAUNG EACH STATEMENT THATAPPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIAL ONE BELOW: DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE AND THIS PROM155ORY NOTE MODIFICATION AGREEMENT. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENTTO DECLARANTS ATTENTION. THIS DISCLOSURE IS EN UNDER SEAL AND IT LS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALE NSTRUMENT ACCORDING TO LAW. DECLARANT: Pr Ave!nuq Limited Partnership By, (SEAL) Dusan B dc, General Partner of ProVess Avenue Limited Partnership e"e".e^T or=_17_iwLI FEB=25-2010 14:18 t P.02/OF rats-L1-4171id 1] • -1.] d tKi-r- L"UI't.ri I H ! i UN 4 r t r 7177 q3?7 r. ClG/ 1?7 i 4 wti PROMISSORY NOTE MODIFlCATiON AGREEMENT THIS PROMISSORY NOTE mocimcAmON AGREEMENT made and entered into as of this 22"d day of February, 2010, by and between METRO BANK (hereinafter called `Lender"), having it principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania. 17111, and Progress Avenue Limited Partnership (hereinafter called "Borrower"). WrTNESSETH: WHEREAS, Borrower executed and delivered to Lender a Promissory Note (the "Note") dated May, 30, 2003 in the original amount of $ 2,050,000.00, which evidences a loan (g 30516S0) by the Lender to the Borrower: and WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Note to Extend the Current Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in.consideiration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Lander and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto are hereby extended from March 1, 2010 to May 1, 2010. Reference to tender. This Promissory Note Modification agreement is being made by Marro Bank forrnerly known as Commerce Bank/Harrisburg, N.A. Confession of Judr_ment: Borrower hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note and with or without complaint filed, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued interest, late charges and any and all amounts expended or advanced by Lender relating to any collateral securing this Note, together with costs of suit, and in attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars ($500) on which judgment or judgments one or more executions may issue immediately, and for so doing this Note or a copy of this Note verified'by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that authority, bur shat! continue from time to time and at all times until payment in full of all amounts due under this Note. Borrower hereby waives any right Borrower may have to notice or to a hearing in connection with any such confession of judgment and states that either representative of lender specifically called this confession of judgment provision to Borrower's attention or Borrower has been represented by independent legal counsel. Except to the extent specifically set forth herein, and in other modificatiori agreements, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS WHEREOF, the parties hereto have executed this-Agreement the day and year first above written. ATTEST: METRO BANK BY. A rew Johns Vice Pres t WITNESS: 80 Avenue Limited Partnership Bratic, General Partner FEB-25-2010 14:18 . FLb-;l-dVlld 1z= sa ?. .. ,s L ml=l%a n I , y, i f D15CL05URE FOR:CONFE55ION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 22"d DAY OF FEBRUARY; 2010, A PROMISSORY NOTE MODIFICATION AGREEMENT FOR SZ,050,000.00 (LOAN NUMBER 3051650) OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE AND THE PROMISSORY NOTE MODIFICATION AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE AS AMENDED, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWARE OF DECLARANTS RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERTAGAINST DECLARANT UNDER THE NOTE AS AMENDED, THE UNDERSIGNED, ON 8EHAFF OP THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHTTO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED -EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMEN',4PAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: IX,> 8. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND TyIS PROMISSORY NOTE MODIFICATION AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION. OF OR OTHERWISE 'SEIZING DECIARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWAREOF DECLARANTS RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY. INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE ANtnERAL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: ?_ C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE. BY INITIAUNG EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS. _ 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT. 2. A REPRESENTATIVE OF LENDER:SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT TO DECLARANTS ATTENTION. THIS DISCLOSURE 15 GIVEN UNDER 5FAL AND IT 15 INTENDED THAT THIS DISCLOSURE- IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: IROGRESS AVENUE LIMITED PARTNERSHIP BY: - (SEAL) - *.. ' - Q AN TIC G RAL PARTNER OF PROGRESS AVENUE LIMITED PARTNERSHIP EO ' d 'Id1Q1 PR,09= Y NOTE MODIFICATION AGR£EMirTlT THIS PROMISSORY NOTE MODIFICATION AGREEMENT made and entered into as of this 20th day of November, 2009, by and between METRO BANK (hereinafter called "Lender-), baying its,principal piace of business at 3301 Paxton Strom Harrisbu„ Pennsylvania. 17111, and Progeem-Avenue Limited Parmership (hereinafter callad"Borrower' ). WITNESSM: . WFIEREAS, Borrower executed and delivered to Lender a Piornissory Nore (the "Note") dated May, 30, 2003 in the original amount of S 2,050,000.00, which evidences a loan (# 3051650) by the Lander to the borrower; and WHEREAS, the Lender and Borrower mutually agree to modify the terms of the Noce to Extend the Current Maturity Data, ai hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hmb,>, Lender and Borrower covenant and agree to amend and modify the Note hercrofora described as follows: The Note and all Lou Documents related thereto are hereby ex=dad from December 1, 2009 to Match 1, 2010. RitFerenee to Lender. This Promissory Note Modification Aer==1 Is being made by Metro Bank formerly known as Commerce BanWHarrisburg„ N.A. Confession of Judgment: Borrower Hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pew aylvania, or elsewhere, to appear at any time for Borrower after a default ruder this Note and with or without complaint filed, confess or enter judgment against Borrower for the attire principal balance of this Note and all accrued interest, late eha ga and any and all amounts expended or advanced by bender relatitta to any collateral securing this Note, together with costs of suit, and an acorney's commission often percent (10%)_ of the unpaid principal balance and accrued interest for collection, but in any event not less than five hundred dollars (S50o) on which judpmn or judgments one or more executions may issue immediately: and for so doing this Not- or a copy of this Nola verified by affidavit shall be sufficient warrant. The authority granted in this Now to confess judsmem apinst Borrower shall not be exhatuted by any exercise of that authority, but shall continue froth time to time and at all times until payment in full of all amounts due under this Now. Borrower hereby waives any right Borrower may have to notice or to a ltearinn in connection with any such confession of judgment and states thar either representative of Leader specifically called ibis confession of judgment provision to Borrower's avadon or Borrower has been represented by independent legal coumcl- Except to the cxtemt specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and a agreements contained in the Nam shall remain in full force and efTtct. BWower berCby ratifies and affirms each and every term aW condition. obligation, and covenant of Borrower under the Note in every respect and shall pay and dischore the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall mot altar, diminish, or otherwise affect the lien of the Motga„^e or the collateral therein described. IN WITNESS WHEREOF, the panics hereto have executed this Agreement the day and year first above written. MMO RMK BY: Officer BORROW : Progb6s; Avenue Limitad Partnership Ge.neTal Partner TOTr-L P.022 PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT made and entered into as of this 22m day of November, 2009, by and between MI: I'RO BANK (hereinafter cared "Lender"), having its principal place of business at 3801 Pa=n Stract. Harrisburg, Pcnnsyivttnia, 17111, and Progress Avenue Limited Partnership (hercinaftttr called "Borrower"). W17NESSM: WHEREAS, Borrower executed and delivered to Lender a Promissory Nota (the "Note") dawd May, 30, 2003 in the original amount of 3 2,050,000.00, which evidences a loan (q 3051650) by the Lender to the Borrower, and WHEREAS, the Lender and Borrower munWly agree to modify the terms of the None to Extend the Current Maturity Dart, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained And intendant; to be legally bound hereby, follows: Lender and Borrower covenant and agree to amend and modify the Note heretofore described as 1. The Neu and all Loan Docu?nrnts related thereb are hereby extended tom Decem , 2009 W March 1, IWW? ? 0 Reference to Lender, This Promissory Note Modification Agreement is being made by Metro Ban ltli erce Bank/Harrisburg, N.A. Confession-of Judmnent: Borrower Hereby irrevocably authorizes and empowers any attorney or the prothonotary or clerk of any court in the Commonwealth of Pennsylvania, or elsewhere, to appear at any time for Borrower after a default under this Note and with or without complaint filed, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued intensst, late charges and any and all amounts expended or advanced by Lender relating to any collateral securing this Note, together with vests of suit, and an attorney's commission of Mn pereent (10%) of the unpaid principal balance and accrued interest for callecdon, but in any event not less than five hundred dollars (8500) an which judgment or judgments one ar mom executions may issue inunwadiately, and for so doing this Note or a copy of this Now verified by afCdavit shall be sufficient warrant The audOrhy granicd in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that audwrity, but shall continue from time to time and at all times until payment in fall of all amounts due under this Now. Borrower hereby waives any A& Borrower may have to notice at to a hearing in connection with any such confession of judgmem and scm that either mpresentadve of Lender specifically sailed this confession of judgment provision to Borrower's arttntfon or Borrower has been represented by independent legal counsel. Except to the extent specifically set forth herein, and in other modification agrtcrnents, all of the teens, conditions, covenants and agreements contained in the Note shall remain in full force and effect Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respectand shall pay and dischmge the indebtedness evidenced by the Notc in accordance with its terms as rnodifiod herein. This Modificarion shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written METRO BANK BY: Officer BORROWER: Purees Avenue Limited Partnership DuAn Bratic, General Partner r, S0 "d ?Fi101 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 202 DAY OF NOVEMBER, 2009, A PROMISSORY NOTE MODIFICATION AGREEMENT FOR S2,050.D00.00 (LOAN NUMBER 3051650) OBLIGATING DECLARANT TO REPAY THAT AMOUNT, A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE AND THE PROMISSORY NOTE MODIFICATION AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE AS AMENDED, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT. BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDPTY OF ANY JUDGMENT OR OTHER CLAIMS TI4AT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE AS AMENDED, THE UNDERSIGNED. ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGIM, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CO)VION OF JUDGMENT PROVISION. > INITIALS: _ B. THE UNDERSIGNED FURTHER UNDERSTANDS- THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WM-IOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON. TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. M EXECUTING THE PROMISSORY NOTE MODIFICATION AGREEMENT, BEING FULLY AWARE OP DECLARANTS RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON T14E JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMMED BY APPLICABLE STATE AND F, Jr AL LAW, WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS, f 35,- C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE. BY TNITTAEING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: > INITIALS: DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL. COUNSEL IN CONNECTION WITH THE NOTZ AND THIS PROMISSORY NOTE MODIFICATION AGREEMENT. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION M T14E NOTE AND THIS PROMISSORY NOTE MODIFICATION AGREEMEN'T' TO DIECLARANT'S ATTENTION. THIS DISCLOS CONSTITUTE A DECLARANT, BY: DUSAN IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL AVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, AVENUE LIMITED PARTNERSHIP (SEAL) PARTNER OF PROGRESS AVENUE L[Mt ED PARTNERSHIP TOTAL P.05 7T :ZT 6002-VZ-r0N PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT made and entered into as of this I day of October, 2009, by and between METRO BANK (hereinafter called "Bank"), having its principal place of business at 3 801 Paxton Street, Harrisburg, Pennsylvania, 17111, and Progress Avenue Limited Partnership (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May, 30, 2003 in the original amount of $ 2,050,000.00, which evidences a loan (# 3051650) by the Bank to the Borrower, and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to Extend the Current Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: I . The Note and all Loan Documents related thereto are hereby extended from September 30, 2009 to December 1, 2009. This Change in Terms Agreement is being made by Metro Bank formerly known as Commerce Bank / Harrisburg. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: METRO BANK BY: Andrew Jo on CommemiaPezan Officer WITNESS: l BORROWER: giojgress Avenue Limited Partnership Bratic, General Partner DISCLOSURE FOR CONFESSION OF JUDGMENT THE DERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS ?}" DAY OF 000bt--- 20Q9. A CHANGE IN TERMS AGREEMENT TO THE PROMISSORY NOTE FOR S2 OSO.000.OQ (Loan #34516501 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE AND THE CHANGE IN TERMS AGREEMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE AS AMENDED, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE CHANGE IN TERMS AGREEMENT, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE AS AMENDED, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFE IQN OF JUDGMENT PROVISION. INITIALS: B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS CHANGE IN TERMS AGREEMENT ALSO CONTAIN LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING DECLARANTS PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE CHANGE IN TERMS AGREEMENT, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL OUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: 0??? C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL CO L?'' IN CONNECTION WITH THE NOTE AND THIS CHANGE IN TERMS AGREEMENT. _LL,- 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE AND THIS CHANGE IN TERMS AGREEMENT TO DECLARANT'S ATTENTION. THIS DISCLOSURE ZYGIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND VE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: Prop6ss Avenue Limited Partnership BY; Dusan (SEAL) General Partner , z0 • d ldlol PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGRED4E lT made and entered into as of Ibis day of September, 2009, by and between COMMERCE BANK/ HARRISBURG r/d/b/a METRO BANK (hereinafter called "Bank"}, having its principal place of business at 3801 Peyton Street, Herisburg Pennsylvania, 17111, and progress Avenue Limited Partnership (hereinafter called " Borrowet"j. WHEREAS, Borrower executed and delivered to Banks Promissory Note (the "Nonedated May, 30, 2003 in the original amount of S 2,050,000.00, which evidences a loan (# 30S 1650) by the Bank to the Borrower, and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to Extend the Current Maturity Date. as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agmenents hereinafter contained and interiding to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: L The Note and all Loan Documents related thereto are hereby extended from August 31, 2009 to September 30, 2009. This Change in Terms Apeemeni is being made by Metro Bank formerly known as Commerce Bank / Harrisburg. Except to the extent apscifically $et forth herein, and in other rmodifi=don agreements, all of the arms, conditions, covenants and agreements contained in the Now stall retain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modifled herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the colhteral therein described. IN WITNESS WHEREOF, the parties hereto have executed this ASre mnt the day and year first above written. ATTES COMMERCE BANK/HARRISBURG dd/b/a METRO BANK BY: ndrew !oh Comnuxciai can Omocr S: Avenue Limited Partnership Dusan Bratic, General Partner OTPL P.031 PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT made and entered into as of this _ 1 day of July, 2009, by and between COMMERCE BANK/ HARRISBURG t/d/b/a METRO BANK (hereinafter called "Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania, 17111, and Progress Avenue Limited Partnership (hereinafter called `Borrower'l. WIINESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May, 30, 2003 in the original amount of $ 2,050,000.00, which evidences a loan (# 3051650) by the Bank to the Borrower, and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to Extend the Current Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: I . The Note and all Loan Documents related thereto are hereby extended from July 31, 2009 to August 31, 2009. This Change in Terms Agreement is being made by Commerce Bank / Harrisburg t/d/b/a Metro Bank formerly known as Commerce Bank / Harrisburg. N.A. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTES COMMERCE BANK/HARRISBURG ttd/b/a METRO BANK BY: Officer WITNESS: BORROWER: If s Avenue Limited Partnership an Bratic, General Partner XJN-022-2009 •1B:15 P. 04/04 P PROMISSORY NOTE MODIFICATION AGREEMENT' THIS PROMISSORY NOTE MODIFICATION AGREEMENT made and entered into as of this day of May, 2009, by and between COMMERCE BANK/ HARRISBURG {hereinafter oalled "Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania, 17111, and Progress Avenue Limited Partnership (hereinafter called "Borrowe 1. WITNESSETM WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May, 30, 2003 in the original amount of S 2,050,000.00, which evidences a loan (# 3051650) by the Bank to the Borrower, and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to Extend the Current Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto are hereby extended from May 31, 2009 to July 31, 2009. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modiried herein This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS VA-IEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTES COMMERCE BANKIHARRISBURG BY: Andrew nson Commercial Loan Officer WITNESS: BORROWER: gres' Avenue Limited Partnership Bus , General Partner TOTAL P.04 i PROiytISSQRY NOTE MODIFICATION AGREEMENT 'MS PROMISSORY NOTE MODIFICAT7ON AGREEMENT made and onterod into as ofthis a5? day or, February, 2009, by and betwcan COMMERCE BANK/ HARRISBURG (hereinafter called "Bank"), having its principal place of business at 3601 Paxton Street, Harrisburg, Pennsylvania, 17111, and Progress Avenue Limited Partnership (hereinafter called "Borrower). WITNESSETH: - WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May, 30, 2003 in the original amount of S 2,050,000.00, which evidences a loan (# 3051650) by the Bank to the Borrower, and 'WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to Extend the Current Maturity Dale, as hereinafter provided. NOW THEREFORE, for value roceived and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto are hereby extended from January 31, X009 to March 31, 2009. This Change in Terms Agreement is deemed to have been efFective as of January 3 1p 2009. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agneements contained in the Note shall remain in frill force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every inspect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANKMARRISBURG BY: Andrew Johnson Commercial Lo officer WITNESS: BORROWER: Progos Avenue Limited Partnership Dusan Bratic, General Partner . .rr r_ MN '_C. d ??J101 .. PROMISSORY NOTE MOD? ON AGREEM THIS PROMISSORY NOTE MODIFICATION AGRBBMEL4T trtade and entered into as of this ? day of IDeeember, 2008, by and between COMMERCE BANK/ HARRISBURG (hereinafter called "Bank'), having its principal ` ;Tplace of business at 3801 Paxton Street, Harrisburg, Pennsylvania, 17111, and Progress Avenue Limited Partnership ?A hereinafter called "Borrower'. '.r Wr NFSSETH WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note-) dated May, 30, 2003 in the originsl amount o( S 2.050,000.00,Vwhich evidences a ioaa (# 3051650) by the Bank to the Borrower, and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to Extend the Current Maturity °*: Date, as hereinafter provided. a• NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements herrinaftu contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note •'4heretofore described as follows: •1. The Note and all Loan Documents related tttertto are hereby extended from December 30, 2003 to January 31, 2009. '.,?JEstcept to the extent specifically set forth herein, and in Qther modifreation agreements, all of the tams conditions, -,ficovenanu and agreements contained in the Note shall remain in full force and effect Borrower hereby ratifies and affirms :; each and every term slid condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and . , discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. -' IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. :.. ,* .ATTEST., 1 COMMERCE BANKhiARRISBURG '•i BY: .17 z W'fINESS: Li ti T• ew on Co ercial Loan Officer BORROWER P Avenue Limited Partnership Dug Bratic, General Partner 10TAL F.03 T%-MT 0ra1747_CT--17f1 nOWSSORY NOTE MODIFICATION AGRaMENT TNIS PROMISSORY NOTE MODIFICATION AGREEMENT made and entered into as ofthis day of ;:September, 2008, by and between COMMERCE BANK) i IARRISBURG, NATIONAL ASSOCIATION, a national banking ',association (hereinafter called "Bank"s having its principal place of business at 3801 Paxton Street, Harrisburg, :snnsyivania, 17111, and Progress Avenue Limited Partnership (hereinafter' called "Borrower"). s. WI'INESSEM WHEREAS, Borrower executed and delivered to B=k a Promissory Note (the "Mote") dated May, 30, 2003 in the "original amount of S 2,050,000.00, which evidences a loan (# 3051650) by the Bank to the Borrower, and WHEREAS, the Bank and Borrower mutually agree to modify the terms'of the Note to Extend the Current Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter ;contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note ;.:'heretofore described as follows: I . The Note and all Loan Documents related thereto are hereby extended from September 30, 2008 t0 December 30, 2008. .:i Except to the ercent specifically set forth herein, and in other modification agrearients, all of the terms, conditions, ? ?t'covenants and agreements contained in the Note shall remain in full force and effect Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and ..'discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. IN WITNESS WHEREOP, the parties hereto have executed this Agreement the day and year first above written. ATTEST: .*WITNESS: COMMERCE BANKIHARRISBURG, N. A. BY: Andrew Senior ) BORROWER ?rg9Tess Avenue limifed Partmership Bratic, General Partner TOTPL P. 03 0. d -Id1.O1 JL"-20-2M 13? 5? L. 11MMLe uuc.U'='4 n .". PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of the JaL- day of June, 2008 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 38ol Paxton Street, Harrisburg, PA 17111, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH. WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto.shall be amended to provide that effective as of zhe date of this Agreement, the Maturity Date of the Loan will be extended to September 30, 2008. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance, with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Page i of 2 nlN-20-2906 0:54 4MERCS DOCUMVTAT I ON IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY - And Johnson C ercial Real Estate ATTEST: Borrowe - Progress Avenue Limited Partnership D san Bratic, General Partner Page 2 of 2 TOTAL P.03 PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of the ZA4-day of March, 2008 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, PA 17111, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents 'related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to June 30, 2008. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY : Uu? Andre ohnson Commercial Real Estate ATTEST: Progress Avenue Limited Partnership Dusan Bratic, General Partner Page 2 of 2 351 ?D5° PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of the 2 oOH-day of November, 2007 by and between COMMERCE BALK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, PA 17111, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to March 31, 2008. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the t age or the collateral therein described. RECEIVED NON. 2.9 2T &let Page 1 of 2 IIr 4IITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANKMARRISBURG, N. A. BY: Andrew J son Comme 'al Real Estate ATTEST: Borrower Progress Avenue Limited Partnership an Bratic, General Partner Page 2 of 2 PROMISSORY NOTE MODIFICATION AGREEMENT made and THIS MASTER PROMIS"O Y NOTE fS eVANCE ptemberoDI2007TbyN and between COMMERC= entered into as of the 180- gp?(/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association of sines- at 3801 (hereinafter called fia"Bi burg, having 1 t1 p=?nariidal p ogress Aver_uE ~ Limited Paxton Street, Partnership. (hereinafter called "Borrower"). WITNESSETH WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Mote") dated May 30, 2003, in the original amount of $2.050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants 'and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to December 32, 2007. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the ?vote and the Loan in accordance with its terms as modified herein. This modification shall not altar, diminish, or otherwise affect the lien of the mortgage or the collateral therein described. 'RECEIVED Daec 1 of 2 be,?Za•d LE.LZ L00Z-8Z-d3S S?0 ' d ?ti101 IpT WETNESS WHEREOF. she parties hereto have executed this Agreement the day and year first above written. COMMERCE BANK./HARRISBURG, N. A. ATTEST: BY: Andrew Jo TI Commerc' Real Estate Borrowe Progress Avenue Limited ATTEST-. Partnership t Dusan Bratic, General Partner ?age 2 of 2 -- ten • J -j TOTAL P.Z4 LC:Lt L0e2-Be-d3S PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this,?? day of .Tune, 2007 by and between COMMP-RCS BA1iC/ HARRISBURG, KATIONAL ASSOCIATION, a national banking associatz.cr_ (hereinafter called ''Banks'), h wing i=s principal place of business at 3801 Paxton Street, Harrisburg, 2ennsy--var,ia 17111, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). ti)iTI• r-SSETtJ-: WHEREAS, Borrower executed and delivered to Bank a Promissory Mote s he "Note") dated May 30, 2003, in the or:giral amount of $2,050,000.00, which evidences a loan. (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms iof the Loan to Extend the Maturity Date, as hereinafter provided. D70W THEREFORE, for value received and in conss_deration of cite mutual covenants and agreements hereinafter contained and intending to be legally :sound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to September 30, 2007. 2. Except to the exter_t specifically see forth herein, and in of .n_r rnodifi.catior_ agreements, all of the terms, conditions, covenants and agreements contained in the Ncte and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall rct altar, diminish, o= otherwise affect the lien of the Mortgage or the collateral therein described. Page I of 2 rte : a,= !.Fnzv-so--in! .A.01 W WITNESS WHEREOF. she parties hereto have executed this Agreement the day and year first above written. A_TZST. C0rU' ERT BANTK/ 3AR_RI SWRG , 23 . A. sr Andrew Joh-a _ Cor;ir?ercial Read. Estate ATTEST -. Progress Avenue Partnership Bratic, General Partner Pave 2 of 2 Limited TOTAL F.0-4 cr. -G17 i neap-,nhV1 f 0 PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this 1-1-'day of May, 2007 by and .between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, Pennsylvania 17111, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"): WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the. Maturity Date, as hereinafter provided. NOW THEREFORE, for value received /'consideration of the mutual covenants and agreements hereinafter cond intending to be legally bound hereby, Bank and Borrower covenant e to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documen related thereto shall be amended to provide that effective as f the date of this Agreement, the Maturity Date of the Vanw' 1 be exte nded to July 31, 2007. 2. Except to the extent ical-ly set forth herein, and in other modification agreemenof the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. 513 o joy -44? Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY: Andrew Johnson Commercial Real state Borror: Progress Avenue Limited Partnership Bratic, Partner Page 2 of 2 MPR--08-2007 15:1 r ?4 PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISS???OTE ADVANCE MODIFICATION AGREEMENT made and entered into as of the ?? day of March, 2007 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, PA 17111, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to May 31, 2007. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full farce and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every ,respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the mortgage or the collateral therein described. y3Jg- Page 1 of 2 !/ MAR-08-2007 15:12 P.04/04 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY: Afidrew Jo Commercial Real Estate ATTEST: Borro}?er: Progress Avenue Limited Partnership an Bratic, General Partner Page 2 of 2 TOTAL P.04 C()?Y PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of the ZZ"cl day of December, 2006 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called 'Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, PA 17111, and -Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00 which evidences a loan (43051650) by the Bank to the , Borrower; and WHEREAS, theme'..Bank-.and Borrower mutually agree to modify the ;;:rerihs of the Loan to Exten he;.±?t turity-Oate, as hereinafter _ provided. NOW THEREFORE%- :for..value received and in cons ` ideration -of _thd mutbal c.dvenant.s ana. greem?nts :,3re; is ter. . con -ained. and.. _ intendin t.cl`.be'?le9all? bou-nd•- hereby, Bad _a ;Borrower :cove ..... .r -_ r ` nant.-.and'-a ree-- _ .. .. .. , t?c?,atnend -and niod •f -'tie y- ..? Loan heretofore de scr ibed"as 'follows: ,. .. _ .1` 2. The Lgar;r?° $md~ ..-r.TrI . a ume ,.t_,. _r „ ?.... _,....:.-..-. ` n .s :-related thereto sha11.1znded.'?t?? provide ' _t i'afi of f iye..'as Hof the date of. _ this A?re rhr tFit;_. : .ko Maturity? ~of the : , be :extended to 'P? ch 31, ??- ?: Except tCS' e .'extent' 's_pecificallji set forth herein, and'.1-1 -ri other. . modificat ments,; all of the terms,' conditions cove ' s.-Ard agreement 4"'Contained in the Note and the Loan shall remain:-:i31' fful'! force and-'effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. RECEIVE oEC27= Arsldaja-- Page 1 of 2 ??? IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY: Andrew John Commercia Veal tate ATTEST: Borrow t7l Progress Avenue Limited Partnership -- Dusan Bratic, Genera k?-.Part?iex? Page 2 of 2 3015) PRGMISSORy NOTE MODIFICATION AGREEMENT THIS iwASTL•:R PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of r_he day of November, 2005 by and between COM.AIERCE 3ANK/ ? ARRISSURG, KATION:LL, ASSOCIATION, a nacioral banking association: (hereinafter called "3unk"), having its principal place of business at X801. Paxtor: Street, Harrisburg, PA !7111, and Progress Avenue Limited ?artrership. (hereinafter called "Borrower"). WITNESSETH: WH19REAS, 3orrower executed and delivered to Bank a ?ro-missorv Note the "Note") 1Gt2d May SC, 2003, in the original amount of S2, G5C, 000 wh_cn evidences a loan (#3051650) by the Bank to the narrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loar. to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual. covenants ar:d agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and'nodify the Loan heretofore described as fellows: 1. The Loan, and all Loan Documents related thereto shall be amended to provd.e that effective as of the date of this Agreement, the Maturit-y- Date of the Loan will be extended to January 31., 200 2. Except to the extent specifically set forth herein, and in other modification: agreements, all of the terns, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borro-wer hereby ratifies and affirms each and every term. and condition., obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the mortgage or they collateral therein described. RECEIVED DEC 0.5-2006 6,3 Page 1 of 2 -- ---- e-n "1 t'F3'd• ??J1G1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: CO:M:MERCE BAN /_WRISEURG, N. A. BY: Zndrew Joh.*? n Commercial 'Real Estate ATTEST: Bcrro r: Progress Avenue Limited Partne . P Dusan Bratic, General Partner pa ;e 2 Of 2 COPY PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of the /-? day of October, 2006 by and between COMMERCE BANK/ HARRISBURG, NATION U ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 3801 Paxton Street, Harrisburg, PA 17111, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to November 30, 2006. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of-the Mortgage or the collateral therein described. 4 Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: BY: ATTEST: COMMERCE BANK/HARRISBURG, N. A. Andrew J Commerci Real Estate Borrower Progress Avenue /Ptnto r"hip Dusan Bratlc, General Partner Page 2 of 2 Limited onom", PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this 23.8 day of April, 2006 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 100 Senate Avenue, P. O. Box 8599, Camp Hill, Pennsylvania 17011-8599, and Progress Avenue Limited Partnership. (hereinafter 'called "Borrower") WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000_.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to July 31, 2006. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY: - Andy Johnson Commercial R Estate ATTEST: Borrp er: Progress Avenue Partnership Dusan Bratic, Gener Limited Page 2 of 2 Partner J wN, -e a-, niwm ee G4 i_!?ry•??cLC ZHNA r . GJi kJG t (? ? V ro) MODIPICAT'ION AGREEMENT PROMISSORY NOTE THIS MASTER PROMISS RY__XOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this day of January, 2006 by and between CoWE,RCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 100 Senate Avenue, P. 0. Box 8599, Camp Hill, Pennsylvania w7011-8599, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00. which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of -he Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the maturity Date of the Loan will be extended to May 30, 2006. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain._r fuel force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage cr the collateral therein described. Page I of 2 a- •31-2000 17 55 p 04zoS G r-GS01?p Lena Lu•F•IGI[?.c Drum . __ ?_ 1HI47 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the flag and year first above written. ATTEST: ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY: And Johnson Commercial Rea Estate Borrowe r Progress Avenue Limited Partnership Dusan Bratic, General Partner Page 2 of 2 TOT-'X- F.26 DEC-27-2005 14:06 PROMISSORY NOTE MODIFICATION AGREEMENT P.06/06 COPY W THIS MASTER PROMISSOR NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this day of December, 2005 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at IOo Senate Avenue, P. O. Box 8599, Camp Hill, Pennsylvania 17oi1-8599, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Proiitissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement; the Maturity Date of the Loan will be extended to February 28, 2006. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its tei-ms is-'modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Page 1 of 2 W_ TOTAL P. E)6 DEC-27-2005 14:06 P. 04,106 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE HANK/HARRISBURG, N. A. NkIaL BL Andy Johnson Commercial Real Estate ATTEST: r: Progress Avenue Limited Partnership Bratic, Partner Page 2 of 2 PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this 9 Jl-4 day of October, 2005 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 100 Senate Avenue, P. 0. Box 8599, Camp Hill, Pennsylvania 17011-8599, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the- original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this 'Agreement, the Maturity Date of the Loan will be extended to December 31, 2005. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY: A Andy Johnson Commercial Real Estate r ATTEST: Borrower: Progress Avenue Limited Partnership Dus n Bratic, General r Page 2 of 2 PROMISSORY NOTE MODIFICATION AGREEMENT -54+, 60r? THIS MASTER PROMIS O Y NOTE ADVANCE ODIFICATION AGREEMENT made and entered into as of this S-w-- day of , 2005 by and between COMMERCE BANK/ HARRISBURG, NATI NAL ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 100 Senate Avenue, P. O. Box 8599, Camp Hill, Pennsylvania 17011-8599, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (##3051650) by the Bank to the Borrower; and ' WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to October 31, 2005. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage = the collateral therein described. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: ATTEST: V \j COMMERCE HANK/HARRISBURG, N. A. BY: Andrew Johnson Commercial Real state Lender r: Progress Avenue Limited Partnership an Bratic, Partner Page 2 of 2 JU",I- 30-2005 1?: 40 PROMISSORY NOTE MODIFICATION AGREEMENT P-02 THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this 30-4-day of June, 2005 by and between COMMERCE BANK/ HARRISBURG, NATIONAL ASSOCIATION,: a national banking association (hereinafter called "Bank"), having ;its principal place of business at 100 Senate Avenue, P. 0. Box 8599, Camp Hill, Pennsylvania 17011-8599, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory. Note (the "Note") dated May 30, 2003, in; the original amount of $2,050,000.00, which evidences a loan (#3051650) by;the Bank to the Borrower; and WHEREAS, the Bank and Borrower! mutually agree to modify the terms of the Loan to Extend the Maturity Date,; as hereinafter provided. NOW THEREFORE, for value receiued and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: The Loan, and all Loan Documents related thereto shall be amended.to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to August 30, 2005. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in theNote and the Loan shall remain in full force and- effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified: herein. This Modification shall not altar, diminish, or otherwise affect the lien of the mortgage or the collateral therein described. Page 1 of z J114-30-2005 17:40 P.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BX - f ATTEST: :?cr ower: Progress Avenue Limited Partnership D an Bratic, General Partner Page 2 of 2 PROMISSORY NOTE MODIFICATION AGREEMENT THIS MASTER PROMISSORY NOTE ADVANCE MODIFICATION AGREEMENT made and entered into as of this 30-4-day of June, 2005 by and between COMMERCE BANK/ HARRISBURG, NATIONAL -ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 100 Senate Avenue, P. 0. Box 8599, Camp Hill, Pennsylvania 17011-8599, and Progress Avenue Limited Partnership. (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Loan to Extend the Maturity Date, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Loan heretofore described as follows: 1. The Loan, and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Maturity Date of the Loan will be extended to August 30, 2005. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note and the Loan shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note and the Loan in every respect and shall pay and discharge the indebtedness evidenced by the Note and the Loan in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: COMMERCE BANK/HARRISBURG, N. A. BY: Ael Ater ATTEST: Borrower: Progress Avenue Limited Partnership an braric, General Partner Page 2 of 2 PROMISSORY NOTE MODIFICATION AGREEMENT THIS PROMISSORY NOTE MODIFICATION AGREEMENT made and entered into as of this NATIONAL- 7,4 day of April, 2004, by and between COMMERCE BANK/ HARRISBURG, ASSOCIATION, a national banking association (hereinafter called "Bank"), having its principal place of business at 100 Senate Avenue, P. O. Box 8599, Camp Hill, Pennsylvania 17011-8599, and Progress Avenue Limited Partnership (hereinafter called "Borrower"). WITNESSETH: WHEREAS, Borrower executed and delivered to Bank a Promissory Note (the "Note") dated May 30, 2003, in the original amount of $2,050,000.00, which evidences a loan (#3051650) by the Bank to the Borrower; and WHEREAS, the Bank and Borrower mutually agree to modify the terms of the Note to change the payment due date Dom, as hereinafter provided. NOW THEREFORE, for value received and in consideration of the mutual covenants and agreements hereinafter contained and intending to be legally bound hereby, Bank and Borrower covenant and agree to amend and modify the Note heretofore described as follows: 1. The Note and all Loan Documents related thereto shall be amended to provide that effective as of the date of this Agreement, the Payment Due Date Day will be changed from the 30th day of each month to the let day of each month, beginning with the payment due on June 1, 2004. 2. Except to the extent specifically set forth herein, and in other modification agreements, all of the terms, conditions, covenants and agreements contained in the Note shall remain in full force and effect. Borrower hereby ratifies and affirms each and every term and condition, obligation, and covenant of Borrower under the Note in every respect and shall pay and discharge the indebtedness evidenced by the Note in accordance with its terms as modified herein. This Modification shall not altar, diminish, or otherwise affect the lien of the Mortgage or the collateral therein described. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST COMMERCE BANK/HARRISBURG, N. A. Witness: By. - rew D. Johnson oillooll Commercial Lendi g 1111 Officer Avenue Limited Partnership - &"?' L)B 6U"'.1 - (Seal) Dusan Bratic, General Partner Page 2 of 2 -5 -. "-wad, M?T1 ., EVANS do WOODSIDE A P202PJ69XONAL 003;PMA32M Aasa®xrsrS AT ""W 340131ORM imace r gP108'1T FWWZLLC.mzrttR MARYALERDOM P.O.V10=3060 RORRRT NKOORZ t(A77RYN L. NVAPOW XAHRRTOSOR 6f PA 37110-0930 CAARLIV iL M'ALLY 790"" W. RIm)A PLT=LXZ1KXR PAt"J. LIZ= Z9a NO. JAM:i A. MM TNAO78Y A. ROY Xa-1093006 JXV VXXY A. ZIDNCO NCOtT W. VAN Z= T&L.10' CRRX l'AORZOEMM (717) aaa-3000 (71R) aas.1810 TOIL XWM 1-900.9$X$097 xr'aspW WJd21W=. 0W MARKO. U(!P RONALD L. MCX RAtOAWLR>I W& ![VAM L. VAN OCR: RUIRM&MLY AAXOKT.110RIOM 'AW. ZVA" 19M-20" * MARYLA" AR June 10, 2011 Progress Avenue Limited Partnership VIA REGULAR AND CERTIFIED MAIL, 101 Route US 15 South RETURN RECEIPT REQUESTED Dillsburg, PA 17019 Re: Loan No. 3051650 made by Metro Bank f/k/a Commerce Bank, , HarrisburglN.A. ("Bank'l to Progress Avenue Limited Partnership ("Borrower'l and guarantied by Dusan Bratic and Kathleen M. Bratic ("Guarantor"). Deer Borrower: Reference is made to Borrower's Promissory Note dated May 30, 2003 in the original principal amount of $2,050,000.00 ("Note"). The Note is In default for failure to make payment when due on the Note and/or default on other obligations or debts ("Note Default"). This letter constitutes formal notice of the occurrence of the Note Default. As a result of the Note Default, Bank bas elected to exercise its option to declare the entire unpaid principal balance of the Note and all accrued and unpaid interest to be due and payable. As of June 10, 2011, them is unpaid, due and owing to the Bank under the Note, the aggregate amount of $407,985.14 ("Balance Due"), itemized as follows: Princi : $351506.16 Accrued Interest t1trough 6/10/2011: $3,087.90 Late Charges throe 6110/2011: 553 391.08 Other Fees/Charges TOTAL 5407 985.14 Demand is hereby made for payment in full within fifteen (15) days of the date of this correspondence of the Balance Due, plus interest which agues and fees and costs which Bank incurs after June 10, 2011, together with any and all other amounts which may become due under the Note. The Balance Due may increase or decrease as a result of the receipt of payments and the proceeds of collateral securing the Note and the accrual of interest, late charges, costs of collection and other fees, costs and expenses. Therefore, immediately prior to remitting Payment, please contact the undersigned at (717) 232-5000 to obtain final payoff amounts and remittance instructions. You are also notified that as a result of the Note Default, the Bank has elected to have the Note accrue interest at the Default Rate (as defined in tine Note) as of June 10, 2011. June 10, 2011 Page 2 Nothing containers in this letter constitutes a waiver or release of any of the terms or provisions of the Note, or of any and all other instruments or agreements between or among Bank, Borrower and/or Guarantor ("Loan Documents'). Bank reserves all rights and remedies available to it under the Loan Documents and applicable law, all of which are expressly hereby reserved. No discussions between or among Bank, Borrower, and/or Guarantor concerning this notification, other loan relationships between or among Bank, Borrower, and/or Guarantor any other matter shall imply an agreement on the part of the Bank to waive any of its rights and remedies or to forbear from taking any action authorized by the Loan Documents or applicable law, whether or not such discussions may be continuing. Any communications with any representative of Bank, whether oral or written, will be mere discussions only and will not in any way commit or be binding upon Bank unless reduced to a writing signed by an authorized officer of Bank Such communications will not represent any course of dealing, and in no manner shall you be entitled to rely in any way on any such discussions unless such communications are reduced to a writing signed by an authorized officer of Bank The acceptance of any partial payment of any of the obligations of Borrower or Guarantor to Bank shall not be deemed a waiver or limitation of any of the Bank's rights reserved herein as to the full amount of any unpaid balance. Any delay or forbearance by Bank in the enforcement or pursuit of any of its rights and remedies under the Loan Documents or applicable law shall not constitute a waiver thereof, nor shall it be a bar to the exercise of Bank's rights or remedies at a later date. Should you have any questions, please do not hesitate to contact me. Sincerely, &aAalp- 0? Heather Z. Kelly METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkelly ,mette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff 430 D,t;??? jlt? C?? 2Q re IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA V. : DOCKET NO. PROGRESS AVENUE LIMITED PARTNERSHIP Defendant AFFIDAVIT OF DEFENDANT'S LAST KNOWN ADDRESS The undersigned is the Attorney for Plaintiff, and according to the best of her information and belief, the last known address employed by the Defendant is: Progress Avenue Limited Partnership 101 US Route 15 South Dillsburg PA 17019 (X&-0-1? -?- &6z' z5F Heather Z. Kelly, wire I.D. No. 86291 Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Date: June ?Attorneys for Plaintiff y 2011 539733v] METTE, EVANS & WOODSIDE Heather Z. Kelly, Esquire Attorney I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 (fax) hzkellygmette.com Attorneys for Plaintiff METRO BANK, f/k/a Commerce Bank/Harrisburg, N.A. Plaintiff V. PROGRESS AVENUE LIMITED PARTNERSHIP Defendant ED-0 I'i=ICE: j ,. PROTHONOTARY 2311 JUL 28 AM 11: 51 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. CERTIFICATE OF RESIDENCE I hereby certify that the name and address of the proper person(s) to receive this notice is: Progress Avenue Limited Partnership 101 US Route 15 South Dillsburg, PA 17019 Respectfully submitted, METTE, EVANS & WOODSIDE By: 1 Heather Z. Ke y I.D. No. 86291 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Telephone: (717) 232-5000 Attorney for Plaintiff Date: July Z7 2011