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09-26-11 (3)
t~r~' i J 15D561D148 REV-1500 Ex ~°'-'°) OFFICIAL USE ONLY PA Department of Revenue Bureau of Individual Taxes County Code Year File Number Po Box zsosot INHERITANCE TAX RETURN 21 11 0037 Harrisburg, PA 1 7 1 2 8-06 01 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYYYY 1,93-12-8690 12282010 0606:L923 Decedent's Last Name Suffix Decedent's First Name M I KANN ERIS J (If Applicable) Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name M I Spouse's Social Security Number THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE BOXES BELOW 1 Original Return ^ 4 Limited Estate ^ 6 Decedent Died Testate (Attach Copy of Will) 9 Litigation Proceeds Received ^ 2. Supplemental Return ^ 4a. Future Interest Compromise (date of death after 12-12-82) 7. Decedent Maintained a Living Trust (Attach Copy of Trust) ^ 10. Spousal Poverty Credit (date of death between 12-31-91 and 1-1-95) ^ 3. Remainder Return (date of death prior to 12-13-82) ^ 5. Federal Estate Tax Return Required 0 S. Total Number of Safe Deposit Boxes ^ 11. Election to tax under Sec. 9113(A) (Attach Sch. O) CORRESPONDENT - THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: Name Daytime Telephone Number JENNIFER DENCHAK WETZEL 717-~,~n-~44n First line of address PERSUN & HEIf1, P•C• Second line of address PO BOX 659 City or Post Office ~1ECHANICSBURG State ZIP Code PA 17055 REGISTER OF WH.I~USE ONLY--- - -' ,:; r-_. ~rn -I) ~ J ;;, >%~"`~: ._J --t `: ' z=' ,. DATE FILED •- ~? ~ ~~} _._1 =_ 'T-; r _.. ~. ': ~ '-; } Correspondent's a-mail address: J D W E T Z E L a"1 P E R S U N H E I M• C O M Under penalties of perjury, I declare that I have examined this return, including accompanying schedules .and statements, and to the best of my knowledge and belief, it is true, correct and complete. Declaration of preparer other than the personal representative is based on all information of which preparer has any knowledge. ADDRESS , ~ ~ `~~/~ ` / i 456 RICH VAL EY ROAD CARLISLE, PA 1701,5 SIGNATURE OF PREPARER OTHER THAN REPRESEN TIVE DATE JENNIFER DENCHAK WETZEL - ,~~,,~~„~~ `~, ( ~ f~~j ~, I ADDRESS PO BOX 659 ' MECHANICSBURG PA 17055 PLEASE USE ORIGINAL FORM ONLY Side 1 15 D 5 61014 8 smasa7 a o00 15 0 5 61014 8 ~/~~ lu`~ 1 J ES ~a ~e O~ ~_"1S J KaT11"1 Executors (Page 1) Name "_'imoth}~ P. Kann Address 45n Rich Valley Road Carlisle, PA 17015- Tax ID 206-36-9203 1~3-12-8690 1,5D561,~248 RE\1-1500 EX Decedent's Social Security Number 1,95-L2-8690 Decedent's Name. KAHN E R I S RE CAPITULATION 1. Real Estate (Schedule A) - D • D D 2. Stocks and Bonds (Schedule B1 . ~: 4 4 , 61, 4 • D 0 3. Closely Held Corporation, Partnership or Sale-Proprietorship (Schedule C) , _ D • D D 4. Mortgages and Notes Receivable (Schedule D) q D • D D 5. Cash, Bank Deposits and Miscellaneous Personal Property (Schedule E) 5. ], 7 D , 3 7 5 • D D 6 Jointly Owned Property (Schedule F) ~ Separate Billing Requested g D , D D 7. Inter-Vivos Transfers & Miscellaneous Non-Probate Property (Schedule G) ~ Separate Billing Requested ?. ~ , 6 0 6 , 4 4 ], • D D 8. Total Gross Assets (total Lines 1 through 7) 8. ,G , 8 2 ], , 4 3 0 • D D 9. Funeral Expenses and Administrative Costs (Schedule H), , g ~ ], , 6 8 2 • D D 10. Debts of Decedent, Mortgage Liabilities, and Liens (Schedule I) 10. 1, , D 81, . D D 1 1. Total Deductions (total Lines 9 and 10) , 1- 3~, 7 6 3 D D 12. Net Value of Estate (Line 8 minus Line 11) 12 2 , 7 8 8 , 6 6 7 D D 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) , 13 D • D D 14. Net Value Subject to Tax (Line 12 minus Line 13) _ 14 2 , 7 8 8 , 6 6 7 • D D TAX COMPUTATION -SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable al the spousal tax rate, or transfers un~er Sec. 9116 16. Amount of Line 14 t xable ~ at linealratex.o4 2,788,667.OD 16. ],25,49D•OD 17. Amount of Line 14 taxable at sibling rate X .12 D• D D 17. D• D D 18. Amount of Line 14 taxable at collateral rate X .15 D• D D 16. D• D D 19. TAX DUE 19. 20. FILL IN THE BOX IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT Side 2 1,5D561,DZ48 1,5D567,D248 9M4648 4.OOo 1,25, 49D • DD REV-1500 EX Page 3 Decedent's Corn~lete Arlrtress• Fife Number a~ ~ ~ -tn» DECEDENTS NAME KAHN ERIS ~ STREET ADDRESS 1 CU~1 ERLAND COUNTY CITY CARLISLE STATE PA ZIP 1,701,5- Tax Payments and Credits: 1. Tax Due (Page 2, Line 19) 2. Credits/Payments A Prior Payments 1~ 1r 5, 0 0 0. Q Q e. Discount 6, Q 5 2• Q Q Interest (1> 1,25, 490 • OD Total Credits (A + B) (2) ],21„ 052 • 00 (3) Q QQ Ii Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT. Fill in box on Page 2, Line 20 to request a refund. (4) Q . Q Q If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 4 , 4 3 8 . Q Q Make check payable to: REGISTER OF WILLS, AGENT. PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: a. retain the use or income of the property transferred; b. retain the right to designate who shall use the property transferred or its income; c. retain a reversionary interest, or d. receive the promise for life of either payments, benefits or care?. Yes ^ ^ ^ ^ No ~,~ 2. If death occurred after Dec. 12, 1982, did decedent transfer property within one year of death without receiving adequate consideration? 3. Did decedent own an "in trust for" or' payable-upon-death bank account or security at his or her death? . ^ ^ 4. Did decedent own an individual retirement account, annuity, or other non-probate propert~~, which contains a beneficiary designation? ~ ^ THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994, and before Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent [72 P.S. X9116 (a) (1.1) (i)]. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the nel value of transfers to or for the use of the surviving spouse is 0 percent [72 P.S. X9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disclosure of assets and filing a tax return are still applicable even if the surviving spouse is the only beneficiary. For dates of death on or after July 1, 2000: • The tax rate imposed on the net value of transfers from a deceased child 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent or a stepparent of the child is 0 percent [72 P.S. ~9116(a)(1.2)]. • The tax rate imposed on the net value of transfers to or for the use of the decedent's linea', beneficiaries is 4.5 percent, except as noted in 72 P.S. X9116(1,2) [72 P.S. ~9116(a)(1)], • The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12 percf~nt [72 P.S. ~9116(a)(1.3)J. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by Mood or adoption. 3M4671 2.000 REV-7508 E?; + (6-98) SCHEDULE E COMMONWEALTH OF PENNSYLVANIA CASH, BANK DEPOSITS, & MISC. INHERITANCE TAX RETURN RESIDENT DECEDENT I PERSONAL PROPERTY ESTATE OF FILE NUMBER Eris J. Kann 21 11 0037 Include the proceeds of litigation and the date the proceeds were recer~ed by the estate. All property jointly-owned with the right of survivorship must be disclosed on Schedule F. ITEM j VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 1995 Oldsmobile Cutlass Ciera SL 1,525 2 Household items and furnishings 500 3 M&T Bank Checking Account #3740615400 167,140 Interest accrued to 12/28/2010 16 4 Country Way Insurance Refund (#1) 64 5 TriCor Purchaser Medication Refund 126 6 Country Way Insurance Refund (#2) 1,004 TOTAL (Also enter on line 5 (Recapitulation) ~ ~ 170 , 375 3wnsnD 7.000 (If more space is needed, insert additional sheets of fhe sarne size) I REV-1511 EXa (10-091 pennsylvania DEPARTMcM O~ REVENUE INHERITANCE TA): RETURN RESIDEM DECEDENT SCHEDULE H FUNERAL EXPENSES AND ADMINISTRATIVE COSTS ESTATE OF FILE NUMBER F.ri e .T Kann 7l 71 nn~~ Decedent's debts must be reported on Schedule I ITEM NUMBER DESCRIPTION AMOUNT A. FUNERAL EXPENSES: ~ Roth Hoffman Funeral Home 5,285 B. 1 ADMINISTRATIVE COSTS: Personal Representative Commissions: Name(s) of Personal Representative(s) Street Address City Year(s) Commission Paid: 2. Attorney Fees: 20 , 000 3. Family Exemption: (If decedent's address is not the same as claimant's, attach explanation.) Claimant Street Address City State ZIP _ Relationship of Claimant to Decedent 4. Probate Fees: 12 9 5. Accountant Fees: 6. Tax Return Preparer Fees: 4 , 733 ~. 1 M&T Bank (Check fee) 34 2 Pennsylvania Department of Revenue (2010 income taxes) 1,163 3 Persun & Heim, P.C. (legal costs) 338 State ZIP TOTAL (Also enter on Line 9, Recapitulation) $ 31 , 682 swasA~ z.ooo If more space is needed, use additional sheets of paper of the :>ame size. REl'-1512 EX + (12-08; pennsylvania ~ SCHEDULE I DEanRrrnENTO~ REVENUE DEBTS OF DECEDENT, '""ER'TANCE TAX RETURN MORTGAGE LIABILITIES & LIENS RESIDENT DECEDENT ESTATE OF FILE NUMBER Eris J. Kann 21 11 0037 Report debts incurred by the decedent prior to death that remained unpaid at the date of death, including unreimbursed medical expenses. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH i Continuing Care Prescription 463 2 Pennsylvania Department of Revenue (2009 income taxes) 618 TOTAL (Also enter on Line 10, Recapitulation) ~ $ 1 , 0 B 1 a/~aen" z o0o It more space is needed, insert additional sheets of the same size. REV-1513 EX+ (01-10 pennsyfvania DEPPRTTAE~Ii OF REVENUE INHERITANCE TAX RETURN RESIDENT DECEDENT SCHE©ULE J BENEFICIARIES ESTATE OF: FILE NUMBER: Eris J. Kann 21 11 0037 RELATIONSHIP TO DECEDENT AMOUNT OR SHARE NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE I TAXABLE DISTRIBUTIONS (Include outright spousal dislribu6ons and transfers under Sec. 9116 (a) (1.2).J 1. Eris J. Kann Trust 456 Rich Valley Road Carlisle, PA 17015 100 of Residue to Eris J. Kann Trust 456 Rich Valley Road Carlisle, PA 17015: 2,788,667 Trust 2,788,667 Remaindermen are lineal descendants. ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 1 8 OF REV-'I50D COVER SHEET, AS APP ROPRIATE. I( NON-TAXABLE DISTRIBUTIONS A. SPOUSAL DISTRIBUT10N5 UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOTTAY.EN: 1. B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS: 1, TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET. $ 0 If more space is needed, use additional sheets of paper of the same size. swasni z.ooo VIfARNIN~: It is iliegai to dup{icate this oop~ h~7 photostat or photograph. ee for this certificate. S+6.U(i _-P_1.6856101 Certification Number H706-113 REV 112006 TYPE /PRIM eJ PERMANEM BLACK INK 0 This i~ to certif~~ that the infonnatior here given correctly copied from an original Certificate of Deat duly filet; with rr>e as Local Registrar. The origin( certificate gill he forwarded to the State Vita Records E)ffice for permanent filing. Local Registrar Date Issued COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OP HEALTH • VITAL RECORDS CERTIFICATE OF DEATH (See instructions and examples on never:>e) ,._._. ~,., ........_.. 7. Nerve d Dxedent (First midtlle, lest, umhj 2 Sex 3. SotNI SemNy Number 4. Dale of DwN (MmN, day, year) 5. Age (last Baelmyl Untler 1 a Under 1 de fi. Date d Birth Mash, da , 7. ca and MaN or fm ' n rourn Be. Plero of DwN Check aw Twp. Haaplml: Omar: 87 "'°"'° °en Y""rs "'~ June 6, 1923 Silver Sprina 4 Yrs. Comb . CO . v YA ~] Inpatient ^ ER I OUlpetlenl ^ DOA ^ Nursing Hare ^ Residence ^ Oster - S patsy tb. County d DwN &. Cay, Boo Twp I DeaN Ad. Fecdiy Name (II rot awehrFan, gNe street end number) 9. Waz Decedent al Hispanic OrigN? ~ No ^ Yes 10. flwe: American Indian, &wk, Wfae, etc. - Cumberland S. Middleton rlisle Regional Medical Center (M;' ; ( ' ~ , , ,,b.) White • 11. Deceoem's Usual eon d wale den most d Fle. Do mt stale rear 12. Was Decedent suer b ere 13. Decetlenrs Edtation (Spedry only higlwsl gmdr mngNtedl Id. Mahal Smdcs: Merced, Nerer Married, 15. Surviving Spouse IH wee, give nwidw rerre) Kind d Wak Kind d Busiross/lakntry U.S. Annsd Faces? Wtlaved, Oivacad (SpeoyJ Elementary / SecoMary (0.12) Cdlega (' .4 or Sr) Homemaker Own Home ^ vas ®No 12 Widowed - 16. Decedents Mairq Adtlress (Sawl,dry/lawn, state, ap code) DecadenYS Did Decadent 1 Longsdorf Way AdualHesitlence,7asMle as - ~~ , v=.®Yw,oaratlentwadN S. Middleton TwP Carlisle PA 17015 p nd.^Na, Decadent Livetl wehin ,7o. Gounry Cumberland - AcNal Lanus of City/ Boo 18. Feelers Name (Fnl, middle, last, sulfa) 19. Moaners Name (Frs4 mitldle, meidm serene) David Kreitzer Maud Sha1u11 20a. InlormenYS Name (type 1 Pnntl Timothy P. Kann 2W- Nlamenl's Meelrq Adaess (Strwl, dry /lam, stets, sip code 456 Rich valley Road, G~arlisle PA 17015 21a. Meend d DispnxiFm ^ ~~~ ^ ~~ ® 21 b. Data al Daposilim (MmN, day, ywrJ 21c. Place al aan (Neon of ry, aemabry a omerplepl C b rl d V l~ M l 21d. Locatbn (Coy/loin, slate, xq rode) larval ^ Removal Ion SIeM ' w,a cramMbn a Da,.tlan Adhorlmd ^ Other- ' M McNCeI ExminerlCOroror7 ^ vw^ No ~ Janus 3 2011 ~ um an emoria e a ey Carlisle PA 22a. SgaNe d erd la person eclarp as srrh) 22b. license Numer 22c. None and Address of FedFry Hof fmi3n-Roth Funeral Home and Crematory - - -~ - - 138425 H ve St. Carlisle PA 17013 Compete dens 23ea my when cartil)irg plrysiden u not evaiade al Mrs al dwN b 23a. Ta the best of my .death attuned al place bta180 ell atla) - ~ 230. Licenw Number 2&.~Ble•Cmnad (Moth, daY, yeerl t T pm„p~e ddwN. ~~ o ~5 cc~~Z~ 3- ~ dF // ~-~,-e.~a er. ~~ - Items 24.26 mutt b cUrrpMled by parsm ' o d 2<. Tana o1 f~eeN Deed IMmN, day, ye") 26. Wes Caw Relertetl b Std ExamNer ! Caawr Ia a Re95an Olney Nan Gam•Fm a Daream7 , w o pmrroaees nlh. ~ ~ M ~ a ~ e ^ Yea Na CAUSE OF DEATH (See Instructions and examples) t Approximate Nterval: Part II: Enter other 4mi =d maE' =con nb awn to des n 28. pid Tebaan Uw Cgntmde to Dwlh? Item 21. Pad I: Error dye theN of events - 6swses, amNw, a canpaaFaw -Thal Nredty reused Ne deaN. DO NOT enNr lermatal events stmt az pmmc arrest, Onset to peaty resprebry onset, a vanaicular fNnkaem wKlroul atav4rtg Ne etiology. fist ally aw reuse m eadt Frye. bd not resueag n Ne uMemyirtg cause gNm in Ped I. ^ yas~[] pmbaHy y ^ a1ME01ATE CAU E (F l F t=1 No Unkmrm S oa t sease a axdlaon resdNg n NI 29 a Fe nab _~ a y Due to j a (y1 cc ^ tyty let awtliMns, it arrv. b. ~•~.•\ ,(~ !] ( ~ r t Y~.1 ~1 ~-t ~ to the tau4e listed m floe a. ~ ~ -4~ Nd pegnam wphar past year ^ Pre9nanl a16me d tlseN ^ wl UNDERLYING CAUBE Due to I" as a wns•quence on: E>wr Nol pregnant, bN pegrwd Mdun 42 days (disease a'ryrry set iatiated Ure t even6 resulting n tleaN) LAST. _ of dash ^ Due to la as a crosequerca all- NM pregnant, bd "egrrant 43 days b 1 year d - balls dwN ^ Unknown H pregnant caster the pass year 30a. Waz an ANalssy Pedamed? 30b. Were AulopsY Ferdrgs vaaade Poor to Cmgletion 31. of OwN 32a. Dale of Injury (MmN, day, ywr) 320. Describe Hay Injury Oavrted 32c. Pop of tnlury: Hare, Farm, Slrwl, Fedory, ' / o I Cauca of DwN7 / 0- rural ^ NorNCide OK BdlNrg, eb. (Sµv lyJ ~/ ^ Yes L~ NO ~~ ^ Yes L=f NO ^ Acridmt ^ Pending Imrestigatim 32d. Toe d Irpury 32e. Injury e1 Wale? 321. II Tmnsponalan Injury (Spetr/yJ 32g. Inca6on of Injury (Street, dN / lowrx stale) ^ Sraride ^ Could Nol ca pelermalad ^ yes ^ No ^ ~r/Dpwralor O Pwesenger eda4' n M. ^ alwr sPaary 33a. G,~ r lawdc ary aw) 33b. Sganure and Tills of • CMIIyIng pMyskMn (Phys'~an cedayarg pose d waN wren aroNer pfyslaim ties pranurcetl dwN antl aenplelw Item 23j , ~ _ . To dro best of my knowktlge, death occurrM ~Ue to lM eeuae(s)antl menwr ea etatw_________________________________ Y \^. • Pronouncm9 end cedlrying physlclan (Plryslwn bah pnaroturdrg OwN and prlilyng to pe5e d deaN) ro Ne lKatdmy knawleage,death«tarred el N.Bma, dma~and pMee, arw aw to too wuagsl cad manner as erred ticanw Number !~~ ©C/•2~7- ale Slgrred lManN, day, ywQ \ ------------------ • M.dwlE..mlrericamn•r ~ ~ L Ey~Q~y. ~` -V: On Ure beds of anmlrrdbn cad / a Inveatigetlon, In my opinion, death occurrM al the time. data, cad pia«. end due to the uu•e(s) end menrer ae elated_ ^ 34. Noma era Adtlress o C om l~~t~d aN (Item 27) Type /Pmt /~ 1 - 35. Regialra Dts ~ ; .Dale FXed (Moak. de , ( ~ y ~ Q~j 1 Y ` ~ e - ~~~ e.t . 1/Vl ~ cz-~!s ~c DispysNm PermK No. ' d ~, ~.^ 2 ~ ~ - Last Will and Testament OF ERIS J. KANN I, ERIS J. KAHN, of Carlisle, Cumberland County, Pennsylvania, do make, publish and declare this to be my Last Will and Testament, hereby revoking all Wills and Codicils by me at any time made. ITEM I: I direct that all inheritance and estate taxes becoming due by reason of my death, whether such taxes may be payable by my estate or by any recipient of any property, shall be paid by the Executor out of the property passing under ITEM IV of this Will, as an expense and cost of administration of my estate. The Executor shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. ITEM II: I direct the Executor to pay the expenses of my last illness and funeral expenses from the property passing under this Will as an expense and cost of administration of my estate. ITEM III: If I predecease my husband, PAUL S. KAHN, I give and bequeath to him absolutely and in fee simple all of my household furniture and furnishings, books, pictures, jewelry, silverware, automobiles, wearing apparel and all other articles of household or personal use or adornment and all policies of insurance thereon. If I do not predecease my said husband, I make said bequest to my children living at the time of my death, to be divided among them as they shall agree. Should there be no agreement, such property shall be divided among them by the Executor in as nearly equal portions as is Page 1 deemed practical in the sole discretion of the Executor, having due regard to the personal preferences of such children. ITEM IV: I give, devise and bequeath all the rest, residue and remainder of my estate, not disposed of in the preceding portions of this Will, to PAUL S. KANN, IN TRUST NEVERTHELESS, to be held, administered and distributed in accordance with the terms of a certain Agreement of Trust executed by myself and said PAUL S. KANN as Trustees and by me as Grantor, on the ~~~ (~ day of ~ ~~ 19~%'"j . I hereby I confirm and ratify said Agreement of Trust in every respect. ITEM IX: In the settlement of my estate, 1:he Executor shall possess, among others, the following powers: (a) To retain any investments I may have at my death, including specifically those. consisting of stock of any bank even if I have named such bank as the Executor herein, as long as the Executor may deem it advisable to my estate so to do. (b) To vary investments, when deemed desirable by the Executor, and to invest in such bonds, stocks, notes, real estate mortgages or other securities or in such other property, real or personal, as the Executor shall deem wise, without being restricted to so-called "legal investments", and without being limited by any statute or rule of law regarding investments by fiduciaries. Page 2 ~' ` (c) In order to effect a division of the principal of my estate or for any other purpose, including any final distribution, the Executor is authorized to make said divisions or distributions of the personalty and realty partly or wholly in kind, and to allocate specific assets among beneficiaries hereunder so long as the total market value of any share is not affected by such division, distribution or allocation in kind. Should it appear desirable to partition any real estate, the Executor is authorized to make, join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances or other obligations, with as wide powers as an individual owner in fee simple. (d) To sell either at public or private sale and upon such terms and conditions as the Executor may deem advantageous to the estate, any or all real or personal estate or interest therein owned by the estate severally or in conjunction with other persons or acquired after my death by the Executor, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title, free and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money or to make inquiry into the validity ol~ said sale or sales; also, to make, execute, acknowledge and deliver any and all deeds, assignments, options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon the Executor in this paragraph or elsewhere in my Will. (e) To mortgage real estate, and to make leases of real estate. Page 3 (f) To borrow money from any party, including the Executor, to pay indebtedness of mine or of my estate, expenses of administration or inheritance, legacy, estate and other taxes, and to assign and pledge assets of my estate therefor. (g) To pay all costs, taxes, expenses and c:harges in connection with the administration of my estate. (h) To make distributions of income and of principal to the proper beneficiaries thereof, during the administration of my estate, with or without court order, in such manner and in such amounts as my Executor deems prudent and appropriate. (i) To vote any shares of stock which form a part of the estate, and otherwise to exercise all the powers incident to the ownership of such stock. (j) In the discretion of the Executor, to unite with other owners of similar property in carrying out any plans for the reorganization of any corporation or company whose securities form a part of the estate. (k) To disclaim any interest in property which would devolve to me or my estate by whatever means, including but not limited to the following means: as beneficiary under a will, as an appointee under the exercise of a power of appointment, as a person entitled to take by intestacy, as a donee of an inter vivos transfer, and as a donee under athird-party beneficiary contract. Page 4 (1) To do all other acts in the Executor's judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the estate. ITEM X: Any person who shall have died at the same time as I shall have, or in a common disaster with me, or under such circumstanc;es that the order of our deaths cannot be established by proof, or within thirty (30) days of my death, shall be deemed to have predeceased me. ITEM XI: If at any time any beneficiary under the age of twenty-one (21) years shall be entitled to receive any assets hereunder, the Executor under this Will shall receive such assets as Custodian under the Pennsylvania Uniform Transfers to Minors Act for that beneficiary. Such Custodian may receive and administer all assets authorized by law, and shall have full authority as provided in the Pennsylvania Uniform Transfers to Minors Act to use such funds in the manner it deems advisable for the best interests of such beneficiary. In addition, said Custodian shall have all the rights and privileges as to the Custodianship and its assets as are herein granted to the Executor as to my estate and the assets therein. I also designate said Custodian as successor Custodian of any property for which I am custodian under any Uniform Gifts to Minors Act, or Uniform Transfers to Minors Act. ITEM XII: I hereby nominate, constitute and appoint my husband, PAUL S. KANN to be the Executor. Should he be unable or unwilling to serve as Executor, I nominate, constitute and appoint my son, TIMOTHY P. KANN to be the Executor. Should he be unable or unwilling to serve as Executor, I nominate constitute and appoint my daughter, JANELLE E. ELAN to be the Executrix. Should she be unable or unwilling to serve as Executrix, I nominate, constitute and appoint FARMERS TRUST COMPANY to be the Executor. The Executor is specifically relieved from the duty or obligation of filing any bond or other security. IN WITNESS WHEREOF, I have set my hand and seal to this, my Last Will and Testament, consisting of this and the preceding five (5) pages, at the end of each page of which I have also set my initials for greater security and better identification this ;a?~~~ day of ~t°~~ ,195. -- ,~, ~ ,. ~ ~ „~~(SEAL) ERIS J. KANI~,~~ We, the undersigned, hereby certify that the foregoing Will was signed, sealed, published and declared by the above-named Testatrix as and for her Last Will and Testament, in the presence of us, who, at her request and in her presences and in the presence of each other, have hereunto set our hands and seals the day and year first above written, and we certify that at the time of the execution thereof, the said Testatrix was of sound and disposing and memory. ~/ ~ -~"~/~?/'~-(SEAL) Residing at ~ /~ L.. / 1---~-s- " , ,Y ~~ f ~~~ ~i 5 ~' ~ ~-~ ( ~,~ ~ ~ ~ Residin at ~~~ ~~~~~ ~ -1Li' ~ ~ ~ ~~.J ?`~ ~~- ,~1~~rl,C~~ (SEAL) g 1 `- ~ ~, (t ~~~ ~~~ ~~ (SEAL) Residing at ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) I, ERIS J. KANN, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. .y _ (SEAL) ERIS J. KANN~ - Sworn to and subscribed before me this day of 19 . Notary Public My Commission Expires: (SEAL) AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) j /~ We, ~C~~~~F`v~a l ~~c"'G.i Vii-'f',~~ ~~~"~`Zt'I ~ ~C ~ end 0 . the Witnesses whose name, are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testatrix, ERIS J. KANN, sign and execute the instrument as her Last Will and Testament; that Testatrix signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that to the best of our knowledge the Testatrix was at that time eighteen (1$) or more years of age, of sound mind and under no constraint or i~ue influence. /^l ` ~ fitness ~ 't.~ .~r.,~--ti i ' -- ' `~ ~ ~Vitne s Witness Sworn to and subscribed before me this day of 19 Notary Public My Commission Expires: (SEAL) 26?47 1 ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) On the 25th day of July, 1995, before me the subscriber a Notary Public, in and for the Commonwealth of Pennsylvania, personally appeared Matthew A. Cosenza, Esq., who, being duly sworn according to law, says that he was personally present at the execution of the Last Will and Testament of Testatrix, Eris J. Kann, and ackr-owledged that the said instrument was duly executed by Eris J. Kann, whose name is signed to the attached or foregoing instrument, and that Eris J. Kann signed willingly and that she executed said Will as her free and voluntary act for the purposes tr Sworn to an subscribed before me this ~~ day of 1915". .__.____._ ~fatanal Seal USEl fvlarie Ulsh, f~i:rtary Public M~rrisbur~, Dat;p,:in County My COn11ftl~.Ti'3h E;q>>ie~ ~ ~_~,`~. '19. i 996 Memh~er,'enn~yN~tl~~~a~~li~if~3 3~i~s AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~a u~ ~ ) I. Matthew A. Cosenza, Esq., being duly qualified according to law, do depose and sa}~ that I was present when the Witnesses, whose names are signed to the attached or foregoing instrument, saw the Testator sign the Will, and that said Witnesses believed to the best of their knowledge that the Testator was that time ei~7hteen (18) or more years of age, of sound mind and under no constraint Sworn to and subscribed before me this o`~S~ day of 19s- Ln-~ ~. ~ l r~ , _...__ Alotaral Seal Lisa Marie U1.sh, Pvotary Public Harrisburg, L~aup!-rin County ail Cleinii'riixsien E;cpire.;~F,,, 19,199E Prh~i`~fT'FAFI(1P~fy~l91~ §~e!b'~i 1 ~f f i~~iie§ influence. at~fiev~}-~1!Cbsenza, Esq. ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) On the 25th day of July, 1995, before me the subscriber a Notary Public, in and for the Commonwealth of Pennsylvania, personally appeared. Matthew A. Cosenza, Esq., who, being duly sworn according to law, says that he was personally present at the execution of the Last Will and Testament of Testatrix, Eris J. Kann, and acknowledged that the said instrument was duly executed by Eris J. Kann, whose name is signed to the attached or foregoing instrument, and that Eris J. Kann signed willingly and that she executed said Will as her free and voluntary act for the purposes therein expressed. Matthe . Cose iza Sworn to and subscribed before me ~~t~~is ~ S~`" day of /Yor~~6e,^, 1995 ~v Notarial Seal Public Margaret M. Kerrv~o Dauphin County SusquehannaTvJP•'res Sept. 28,1997 My Commission Expo _ ~ ^`^+~ COMMONWEALTH OF PENNSYLVANIA ) SS: ~~~ COUNTY OF ~ ) I, Matthew A. Cosenza, Esq., being duly qualified according to law, do depose and say that I was present when the Witnesses, whose names are signed to the attached or foregoing instrument, saw the Testatrix sign the Will, and that said Witnesses believed to the best of their knowledge that the Testatrix was at that time eighteen (18) or more years of age, of sound mind and under no constraint o due influence. atthe A osen sq. Sworn to and subscribed before me`fthis 1sf day of / ~. Notarial Seal Public Margaret M. Kenw°~iDa phinryGounty Susquehanna'r~'P•~ t 28,1997 PAy Commission F-xPires SeP . PennsyNaniaassooiabon of Not2ries Member, rr c-1 ~~ ~ ~ ~~ ,-~~. J ~r I BNY ME LLCON February i~, 2oii Persun & Heim, P. C. Attention: Jennifer Denchak Wetzel i~oo Bent Creels Boulevard Suite i6o Mechanicsburg PA 17055-0659 RE: PENNSYLVANIA INSURED MUNICIPAL INCOME TRUST SERIES 107 A/C: 02304500 N/O: ERIS J KANN Dear Ms. Wetzel: Thank you for your recent correspondence concerning; the referenced Unit Investment Trust. The per unit value of the referenced fund was as follows: Fund & Series Trade Date Units Bid Price Accrued Interest I-PAio7 i2/z8/io io $158.41 $3.46 Please be advised, the above referenced account is the only active account held at the Unit Investment Trust Division of BNY Mellon. BNY Mellon is not required to maintain beneficiary information. Also, the Unit Investment Trust Division also does not hold loan information. We will be pleased to transfer or redeem the units when we receive the following requirements: i) The appropriate Letter of Instructions (either transfer or redemption; both forms are enclosed) completed and signed by Timothy P. Kann. 'The signature must be guaranteed by an "eligible guarantor institution" meeting the requirements of BNY Mellon. These requirements include membership or participation in one of the following programs: • Securities Transfer Agents Medallion Program (STAMP) • Stock Exchange Medallion Program (SEMP) • New York Stock Exchange, Inc. Medallion Signature Program (MSP) 2) ,The enclosed Affidavit of Domicile to be completed, signed, and duly notarized with the "notary's stamp or seal. The expiration date of the notary's commission must"also be - ~ " included. P. O. BOX 463 EAST SYRACUSE, NEW YORK 1 3 0 5 7-04 63 3) The original Certificate of Beneficial Ownership. For your protection, please mail the certificate and all related documents in one package via CI?RTIFIED or REGISTERED MAIL, RETURN RECEIPT REQUESTED, to the address at the bottom of page 1. If the certificate cannot be located, please contact the broker who sold the units as the certificate maybe held in local safekeeping. If this is not the case, please contact our Customer Service Department at the number listed below so that the appropriate Affida~dt of Loss maybe issued. In the event of transfer, please note the following: • If distributions are to be mailed to an alternate payee, such as a bank or broker, please complete and sign Section II of the Letter of Instructions. • A completed Form W-9 with a revision date of Januar}~ 2011 or later is required. Please complete and return the enclosed form certifying the Social Security Number or Employer Identification Number for the new registration. To prevent 28% federal back- up withholding by the Internal Revenue Service, a Form W-9 must be submitted with your transfer request. In the event of redemption, please note the following: • A completed Form W-g with a revision date of January- 2oii or later is required if "year end" tax reporting for this transaction should be issued to a Taxpayer Identification Number (TIN) other than the TIN currently shown on the account. • Units will be redeemed at the bid price determined at the close of the New York Stock Exchange on the date the request is received, in proper order, by BNY Mellon. Proceeds will be mailed three (3) business days later. Please be advised, the Tax Information Statement for this fund was mailed out on February i5, 2oii. We trust this information proves helpful. If you have questions or require further assistance, please call our Customer Service Department at (800) 856-848. We look forward to being of service. Very truly yours, Moniqu L dwig Unit Inve ment Trust Customer Service Department Encls. P. O. EOX 463 EAST SYRACUSE, NEW YORK 13057-0463 .THE CMECK BELOW REPRESENTS A DIVIDEND PAYMENT To inquire about your account, contact ((,~ ~ BNY Mellon Shareowner Services Toll Free Number 800-368-8357 ~~~~~~~ ~.1C~' - ~ J ~~t' Yr'r ~ Outside the U S. (Collect) 201-680-6578 Hearing Impaired 800-231-5469 BNY Mellon Shareowner Services is dedicated to providing you with the best shareowner experience! Did you know that you could manage your portfolio online 24 hours a day, seven days a week? ,SIInjIlJ' ZOg llt to Investor ServiceDirect®(ISD) at vvww.bnymellon.com/shareowner/isd _ - :- - -.. _.... a~'1`E.~apll~~[Li1 1)~Ql~l1~;L"_l'(?lll" JJ/'lJ~j~' 11111~f.~'lTI1.SflCl 1'0!/1',5'1111'L'Dbl'11L'1'~)1L4LI1L',55. '~ ~Updatt~ your contact infa~rmalinn • __=Enro[I_,in MLutkg~'tor ac~,e~s~o::you1'aiycounl statclT~ents and 1099 tax loans Certify your Taxpayer Icientit<eation NumGel • Request atiividend i=eptaseme~t cheek (when applicat~le) Request direcf deposit ~f dividends or enroll in Dividend ReinvesilTlent (wflen applicable] __ - - - - - *Unfine serv/ces not ~ ' -ed by nl! r.r.nie; ~1!e take ~l~~ security of your personal dafa very seriously. - of in ou hYyour Social ~ ecurity tJumber, we assigned you a unique Rather than Idea y g y 72~digiflr]~estor lD. To activate your investor 1L~go fo w>vvvti;bnymt+llon.con~lshareov~ne4:~isd `where 15D guides;yuu #hrough thefi~fro-siep authentiCaiion process.., RETAIN FOR YOUR RECORDS " - - --- ;_ _ IfNP_QRTANT TAB (NFORMATf[?N & Tf2Ai~ISACTIt7N DETRIL _ _ z . __ _ ----- _ - -- __ _. __- " _T SHAREHOLDER OF ', TRANSACTION DESCRIPTION DIVIDEND CHEVRON CORPORA O _-_ .- _ - - --- --- -- -- - ___ INVESTOR 1D ~ CUSIP~ ACCOUIJT KEY ISSUEICLASS OF ~tTOCK RECORD DATE PAYABL i COMMON $0.75 P V 05/19/201D 06/10!2010 00175016676410 KANN-----ERISJ00 __ 125248762833_ _ _ - ,~._._-~-._~ _ __ - -- . - - - - --- - _ RATE PER SHARE`CERTIFICATED SHARES B -ENTRY SHAR 5 GROSS AMOUNT TAX WITHHELD j CURRE3JT DIVIDEND -~- --- $0.7200000 0 462.0000 = ~ _ - $332 64 - - _ ~ ___-_ $0.00 ____ _ ___ $332 64 _ _ - - DIVIDEND PAID YEAR TO DATE ~ TAX WrrHHELD YEAR TO DATE TAX IDENTIFICATIOIJ NUMBER ~, please detach and retain this form for your records. $646.80 $0.00 ON FILE PLEASE DETACH BELOW CHECK NUMBER: 7718168' BNY Mellon Shareowner Services P.O. BOX 358333 Pittsburgh, PA 7 S2S2-8333 February 14, 201 1 PERSUN & HEIM PC ATTN JENNIFER DENCHAK 1700 BENT CREEK BOULEVARD SU1TE 160 MECHANICSBURG PA 17050 RE: ESTATE OF ERIS J ICANN Dear Sir or Madam: t~ Company iCHEVRON Name iCORPORATION Account Key ;'I{ANN-----ERIS.10000 ~IControl 1201 102140003601 JNumber 'Telephone 800-368-8357 :Number We recently received an inquiry regarding the above referenced account. The enclosed account transcript will provide you with the information requested. Specifically, this transcript provides: Account Profile that offers a general account status; • Account Certificate Listing that outlines debit/ct-edit o:F certificates; • Account Payment List, which details cumulative dividend payments; and • Dividend Reinvestment Account Summary that details shares purchased with reinvestment. Also, this letter contains instl-uctions for transferring shares from an account when the owner(s) is deceased and the estate has been probated. If you cannot locate the stock certificate(s), or if the estate has not been ..,.L~..~.,~1 .,lo.,~o l.~ll the tnil_fraa nnnihPr ct~nwn ~hnve to (lI1tA1T1 flll't11P.1' 1rlfnf171at10n alld reQ1111'elllents. r,..,~_--~, r----- --- ---- 50 Shares or Less More than 50 up to 2S0 More than 250 Shares Shares Submit items 1 through 3 Submit items 1, 2, 3 and 4 Submit items 1 through 5 or Submit items 1, 2, 3 and 5 Required Items 1. Completed Transfer of Stock Ownership form signed by the Executor or Authorized Representative. 2. The oribinal stock certificates (if applicable). 3. lnheritance Tax Waiver (if applicable). To determine if ali Inheritance Tax Waiver form is required to be filed in your instance, please contact the state Tax Department located in the decedent's state of residence. The state Tax Department can provide the lnheritance Tax Waiver and ftn-ther instructions. If the state does not require an Inheritance Tax Waiver, the Medallion Guarantor must stamp the Transfer of Stock Ownership form with the following statement: "We certify that this transaction does not require an Inheritance Tax Waiver." Page ] of 8 4. A certified copy, with original signature and seal affixed, of the Certillcate of Appointment of Executor(s) dated with one }year of the transfer. 5. Medallion Signature Guarantee on Stock Ownership form. Note: All submitted documents will be kept as part of the permanent record of~transfer and will NOT be returned. Please be sure you keep a copy for your records. Send the required items to: First Class/Registered/Certified Mail BNY Mellon Shareowner Services P O Box 358010 Pittsburgh PA 15252-8010 OR Overni ~h~, t/Express Mail (only) BNY Mellon Shareowner Services Securities Transfer Services 500 Ross St. Room 154-0675 Pittsburgh, PA 15262 Visit Investor ServiceDirectA ~~ at ~-t~t~~n~.L~rtyntellott.corn/s•hareoi-rner;isd to sign up for Mlink, a secure server enabling you to view information or perform various transactions on your account. Also, please be advised that December 28, 2010, was a non business day, hence we are unable to provide you with the closing price for the same. However, we are able to provide you with the closing price for the dates referenced below: The closing price as on December 27, 2010, was $90.1200 per share. The closing price as on December 29, 2010, was $91.3700 per share. We hope you find this information helpful. As a reminder, you may call our automated voice response system at the above number or (201) 680-6578 for account information and to initiate certain transactions. You tnay also speak with one of out- Customer Servicf; Representatives who are available from 9 a.m. until 7 p.m. Monday through Friday. Sincerely, ~o, iz t~ y ~ ~ i BNY Mellon Shareowner Services >'~i. yq - ~~. ~~ x ~ ~ .~ ~, ~~~~~ - - -, ~_ - ~`~y/~ 9 ~ ~. ~ 9 Page 2 of ~, -.s,~-• :~: -~~ ,~ ~~~ T~ ~T ~~~ tJVITED STA i ;9/S B_~t'4HIZIiPTC Y C'C)LiIZT IvORTi-I~;S~N I~ISTRIC"t' C)F I`~IE~~' ~'C)F~h In re .=~~t~a}'. Inc.-. Debtor. In re A-g~+'a} (_ieneral A~=ency, Inc.. Debtor. h, re F3ruhaker Agronomic Consulting. Service LLC'. Debtor. ---------------------------------------------------------------- ln rc Countr}' E~est Adams. LLC, L>ebtor. ---------------------------------------------------------------- In re Countn~ Best-DeBerry LLC:, Debtor- In re Feed Commodities htternationaf LLC.. Debtor. Chapter 11 Case ?Vu. OZ-GSb72 throu~fh Case Nu. 0~-b5f177 Jointl}~ ,4dmiiiistered FLR:S`E' A~IEnDED DISC'LC3SLIRE ST~TEI~IE?vT YI%RSL1.=~1~'T TQ S£CTIO?~ 112 CJ~F' THE ~,~NiERt;PTC~' CODE ~'OR DE~TC3RS' .T®I?'s'T PLAN OE L~1QI1ID.~TI~J1`4T ~~-L-IL, GOTSHAL ~ MANCrES L.LP ME;~tTER, RLIDTN & TR'VELPIECF, Y.C. 767 Fifth .Avenue QUO South Salina Srre:et, Suite ~UU 1`iew York. lien 5"or}: lUl ~~ Syracuse.. Ne:~~ ~'orl: D~U? (? L I ~ 10-5000 (31 S) 47~-7~~1 Co-.Attorneys for Debtors C:o-.Attorneys for Debtors and Debtors in Possession and Debtors in Possession Dated: Syracuse,?vewFork Februarti- ?G. ~UU4 i ~ A ~ ft { rE t 5 s ~r # m C. ry t I 3~ Ifr7S N•Y t ~, '., ~ ~./_ts rlSt~r / x ~ YfGj rJl t~ < _ 7a ~ ~~. ~~ f t~ ~s ~ x''}}kLr`ft rr~O >^x r{ t i~ r e t ~ -- ~~ 7 t~~ lr r ~ ~ ~ i r , i t { { •. 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N o m -o ~ ~ C ~c T w p7 ~ ~ a a ~~ C_ ~ O a w m cn~~-,m-nzz3-i l--~D--I T1 ~-+0005 t7 :U N D Z -~ --I Z r--~ mD c"7D min • G7 N --I Z to tc -< ~mHc~rnm c~ Dn(7H 3m '~cmDC/~-iDZ s~ rc~~m HO rcD~~ m--i-nc~~zmD r-l o m In --{ r om~A~rn zcnm-o-+mc-~cn -oo ~mc -I V1 C .Zl -1 .Z7 .'C7 t-sf =c~DOm~o m-on-~ t7~~ mSHD Td mNlnz~z.(~z- ~mi-l -DtODD m d.Z cn -G --~ -I ~l-+c~ ~mm N Z H t7 mc> r3 r D y tr' CHASE BANK OF TEXAS, NATIONAL ASSOCIATION AS AGENT Authenticated: The'Chase Manhattan B k., As Truster: ar`---- ----=- - - ------ -- ------ ---------- - --- -------- ----- Aulhorimd ORicer Dn Y/ n ` ~ ~ m C~ ~ ~ Z ~ `~ m C Z. ° ~ D ~H o ~ l'I Z Z ~ -~J ~ 3 '~ ~ .~ '~ C ~ ~ -i 3 D ~ ~ ~ ~~ m 'n \ -~ ~ ~ 'D m ~' :.1 rn ~ O .~ ~ T --h D D ~ ^ rv z m ~ O o z (p o C i m 3 G) m z r+ m (D 0 D Q r -~+ , CD ~CD G CD 0 .,,. D O Q o C o Z o -{ 0 o ' AGWAY FINANCIAL CORPORATION Incorporated under the laws of the State of Delaware SUBORDINATED MONEY MARKET CERTIFICATE G E N E R A L MINIMUM 8.5a PER ANNUM DUE OCTOBER 31, 2003 S Interest payment (and Record) Dates: January 1 and July 1 _L CORPORATION promises to pay to PAUL S KANN C ERIS J KAHN JT TEN 121 COUNTRY CLUB RD CARLISLE PA 17013 AMOUNT $10,000.00 THIS GENERAL SUBORDINATED MONEY MARKET CERTIF-KATE MAY NOT BE TRANSFERRED AND WILL NOT BE SUBJECT TO AGWAY FINANCIAL CORPORATIDN~S PRACTICE OF REPURCHASING ITS SECURITIES SUPERSEDING PARAGRAPH 8 ON THE REVERSE SIDE. or registered assigns the principal sum of J D - •.' ..,..... _...,..,: _ ~:: ~ :,::,.:,.. ; _ v ~ :==: ~ :::Dollars. on 0 C T O B E R .31.:• 2D 0 3 . he principal amount of -this Certifrcate atra rate which is the greater of: (i) the perannum rate stated above; or (it)~E~(~`RSEESIDEYOFITHI~SACERTIFICA~'E~.EORON THE (tu) -t e lternate Rate as defined on t to reverse side of thrs ertt icate. reserves the ii~ht to pay such additional amounts of interest as the Company,.in its sole .discretion, may determine. iterest semi-annualiynt ]anuary 1 and Julyl of each year.'Interest on,the Certificates.wiliaccrue from'[he most recent date to which if no interest has been paid, from the first day of the month of issuance of this Certificate: Interest wilt be computed on the basis of a s. The Company issued [his Certificate under an Indenture dated as of AUGUST 23~ .1989. Y m o ).._ C Q =;:: lit v~ C H Q Cl ~ ; ', r U ~ T m AGWAY FINANCIAL CORPORATIDN Datad: ATTEST NOVEMBER 1r 199.7 .b cicTni.1T CGCRFTA RY `' EASURER 7R 1 X95 Oldsmobile Ciera -Private Party Pricing Report -Kelley Blue Book ~„ ai"`~ ---nl_ r- .1 21P Codcl .: r't~1 xt r.' t II a~a I "'ar~i r- ~ '--- ---- ~~~ Kelley Biue Book ___ ____ _ THE TRUSTED RESOURCE sEARCH I _~ _ _. ~ _ s ,--~ - -- -- - --- -- --- - Home New Cars Certified Pre-Owned Used Ca-~5 Research /News Dealers & Inventory Used Cars F or sale Loans & used Car values Insurance ~ Search Used Car ClassiFleds j Certified Pre-Owned ~ Compare Vehicles I Perfect Car Finder ~ Most Researched Vehicles I CARFAX Vehicle History Welcome Back I Sign In ~ Create Account I INy KBB Z]P Code: 17015 --- _ Recently Viewed You Might Also Like Free Dealer Price Quote r~rv~...~.-...... --_- -___ _- r-iTU1~lTLJJ/!/t SET ~'t~UR FREE QUC)TE N~Ul/! Home > Used Cars > 1995 > Oldsmobile > Ciera > SL Sedan 4D 1995 Oldsmobile Ciera SL Sedan 4D Trade-In Value Private Party Value Suggested Retail Value CPO Value Photo Gallery Cars For Sale r+c~.ol Compare Vehicles Review Consumer Ratings Find Your Next Car Specifications BUY A USED CAR On Blue Book Classi(ieds•^ Oldsmobile Ciera 75 Miles Near ZIP 17015 To View Ads, Click shopping rook CARFAX Record Check Auto Loan from 4.09 % qpR Get Your Credit Stare Now Compare Insurance Rates with Progressive Payment Calculator Extended Warranty Quote • Print for Sale Sign $Cller~5 ~ Share with Fr entls Toolkit ~ Get up to~date Live VdluesM Get Vour Toolkit Find The Right Car Compare Used vs. New Under $5,000 Both New and Used Sedan To View List, Click View Another Vehicle Select Year... Select Make... Select Model... BLUE BOOK®PRIVATE PARTY VALUE ; I , Condition Value ---~..~ Excellent $2,200 rwa. ~_~;;~~ Good $2,000 CJ a ~. ` Fair $1,525 '~.`~....' s.W+au+~'ew More Photos Page 1 of 2 News More Car News 10 Coolest Cars Under f 18,000 Who In Their Right Mind Would Race No... - AOL Autos ''I Save Vehicle ~ Print y.,] Email «, BOOKMRRK %.~) Estimated Payments f29 Jmo_@ 4.09% APR Cl/ck Ior Details Get aPre-Owned Loan from 4.09 % APR Get Your Credit Score Now Get a Free Insurance Quote advertisement NEXT STEP • SEARCH LOCAL LISTINGS ~ LJa,~ _T C;rec~it .: CARFAX Record Check ~~r S GQf e~, Powered by u-±.Y.RJY , ';I5 =60C~ VIN: . - No VIN7 No Problem! O i" "~ e IOW r ;~ _- -- - --- - News, Reviews & Top 10s I Instantly See •~ -:~ -~ ~ -Your Score 10 Coole>t Cars Under $18,000 I , - In 2 Eas St !' - j 10 New Names for 2011 i y eps -. - - ~:, The EV Battle Begins - qOL Autos I I ~' Seleot Yot}f $let8 2011 Bes[ Redesigned Vehicle Alabama i Break Out The Aluminum Foil To Secure Yourself From Hackers - AOL I ' Autos Alaska ^ ', - ~--- ---~- ____ Read MOre - 4uzona - Average Consumer Rating (175 Reviews Read Reviews 4Ti7` i ~'r a•7 out of 5 a, ~~ Review the 1995 Oldsmobile Gera .r' ° it %;-, ,- t _~_. Vehicle Highlights Mileage: 75,000 a ~ _ Engine: 4-CYI, 2.2 Liter Tran i i 'L r sm ss on: Automatic Drivetrain: FWD ~~ ~. __ _- .. Selected Equipr Standard Air Conditioning Power Windavas Power Door Locks vent Change Equipment Cruise Control AM/FM Stereo Power Steering Cassette Tilt Wheel Steel Wheels Blue Book Private Party Value Kelley Blue Book Private Pally Value is [he amount a buyer can expect to pay when buying a used car from a private party. The Private Party Value assumes the vehicle is sold "AS ]s" and carries no warranty (other than any remaining factory warranty). The hnal sale price may vary depending on [he 6s?°., ~11 htto://www,kbb.com/used-cars/oldsmobile/ciera/1995/private-Harty-value/pricing-ren~rt?~~ ~i~i~n, , 1~1OC1 ~~~-~~; - 499 Mitchell Road. Millsboro, DE 19966 Adjustment Services Persun and Heim PC POBox659 Mechanicsburg, PA. 17050 Re: Estate of Eris J Kann Social Security 193-12-8690 Date of Death: December 28 2010 Phone 888-502-4349 Fax (302) 934-2955 Febnrary 16, 20] I Dear Sir or Madam: Per your inquiry on January 31, 2011, please be advised that at the time of death, the above-named decedent had on deposit with this bank the following: 1 • Type of Accoruct Gcecking Account !~ ~ 7c r +r Account Nunclier 3740615400 Ownership (Names of) Eris J Kann Paul S Kann Janelle Egan (POA) Timothy P Kann (POA) Opening Date 0322/99 Balance on Date of Death $167,139.53 Accned hcterest $ 16.47 Total - -- - $167,156.00 _ _ _ ?~ Tjpe ofAccocuu Checking Accoeuct Account Ncunber 985078927.3 Ownership (Names of) Eris J Kann (Trustee) Paul S Kann (Grantor) Opening Date 10/08/09 Balance on Date of Deatlt $7,799.94 Accrued Luerest $ 21 Total $7, 800. I S For further account information, closures and/or reimbursement of funds please call the High Street Carlisle Office at #717-240-4536. We were unable to locate any safe deposit box for the above-mentioned decedent. This letter does not include any accounts in which the deceased may have been listed as Power of Attorney, Custodian of Uniform Transfers, Representative Payee, or Trustee under a Written Agreement Sincerely, C~v ~-~ Tammy Spencer Adjustment Services d~ ~-~ %~~~~ 1 f Paul S. Kann Agreement of Trust ~. ~ THIS AGREEMEiV'T OF TRUST, made and entered into this a~ ~^ day of ~~ ~ 199, by and between PAUL S. KANN, of Cumberland County, Pennsylvania, as Grantor, hereinafter referred to as "Grantor", and ERIS a. KANN and PAUL S. KAI~N, as Trustees, hereinafter collectively referred to as "Trustee". W ITNES S ETH: WHEREAS, Grantor is the owner of certain assets more fully described in Schedule "A", attached hereto and made a part hereof; and WHEREAS, Grantor is desirous of declaring a Trust with respect to Grantor's property and, for this reasons, among others, is desirous of placing the active management and control of such property in the hands of Trustee. h NOW, THEREFORE, in consideration of the. mutual covenants and agreements herein contained, it is agreed by and between the parties hereto as follows: ARTICLE I: Grantor, concurrently with or subsequent to the execution of this Agreement of Trust, will transfer and convey to Trustee the assets listed on Schedule "A", attached hereto and made a part hereof. which said assets are hereinafter referred to as the "Trust", receipt of which assets hereb}~ is acknowledged by 'T'rustee, and Trustee, in consideration thereof, agrees to hold and administer said assets and any additions thereto, as Trustee. IN TRUST NE`JERTHELESS, for the following uses and purposes: (a) Trustee shall have, hold, manage, invest and reinvest the same, collect the income and pay over the net income in quarterly installments to Grantor during Grantor's lifetime. (b) During the lifetime of Grantor, Tru:;tee shall pay to Grantor such portion or all of the principal of the Trust as such income beneficiary may from time to time request in writing. (c) Trustee may also expend so much of the principal of the Trust as, in its discretion, may be necessary and/or advisable to supplement all income of Grantor in order to provide support and maintenance, including medical, hospital, nursing and nursing home care for such beneficiary. ` (d) Upon the death of Grantor, Trustee shall pay over to the Executor of Grantor's estate so much of the principal as shall bE: required to pay all specilic bequests provided in Grantor's Will and inheritance and estate taxes, funeral and administration costs which may be incurred with re;~pect to Grantor's estate. Thereafter, Trustee shall. if Grantor predeceases Grantor's wife, ERIS J. KANN, divide the remaining assets, proceeds from or on account of insurance policies received by reason of the death of Grantor, and any other asset.5 and funds (hereinafter referred to as the "principal") into two (2) parts. each of which shall. be held in Trust and constitute a separate Trust Fund, to be known as "T:rust A" and "Trust B": "Trust A": There shall be placed in "Trust A" that fraction of the total principal of which the numerator shall be a sum equal to the largest amount that can pass free of Federal estate tax by reason of the unified credit and the state death tax credit (provided that the use of this credit does not require an increase in state death taxes) allowable to Grantor's estate but no other credit and alter taking account of property passing outside of this Agreement of Trust which does not qualify for the marital or charitable deduction and after taking account of charges to principal that are not allowed as deductions in computing Grantor's Federal estate tax, and of which the denominator shall he the value of the total principal. For purposes of establishing such fraction. the values finally fixed in the Federal estate tax proceeding relating to Grantor's estate shall he used- Grantor recognizes that Pa<^e 2 the numerator of such fraction may be zero (0), ir: which case no property shall pass under "Trust A" and that said numerator may be affected by the action of the Executor of Grantor's estate in exercising certain tax elections. "Trust B": The balance of the principal not placed in "Trust A" shall be placed in "Trust B". ARTICLE II: The following provisions shall apply to "Trust A": (a) Trustee shall, if Grantor predeceases Grantor's wife, ERIS J. K-4NN, make the followin~~ distributions: i) Trustee shall distribute the sum of FIFTY THOUSA~~ ($0,000) DOLLARS to Grantor's son. TIIvIOTHY P. KANN, if he survives Grantor; ii) Trustee shall distribute the sure of FIFTY THOUSAND (~~0,000) DOLLARS [o Grantor's daughter, JANELLE E. EGAN. if she survives Grantor: iii): Trustee shall distribute the sum of TEN THOUSAND (S 10.000) DOLLARS to each of Grantor's grandchildren livin`T at the time of Grantor's death: iv) Trustee shall distribute the sum of FIVE THOUSAND (5,000) DOLLARS to Grantor's foster child. JANE tiV. WICKARD, if she survives Grantor, provided that said sum shall not be derived from any real estate onwed by this Trust. (b) Trustee shall pay the net income arisin`7 from the remaining principal of this Trust in quarterly installments to Grantor's wife, EMS J. KANN, during her lifetime. Page 3 (c) During the lifetime of Grantor's wife, Trustee shall pay to or for the benefit of Grantor's said wife so much of the princip~il of this Trust as may be necessary, in the sole discretion of Trustee for the proper support, maintenance and medical care of Grantor's wife. (d) Upon the death of Grantor's wife, or if Grantor's said wife should predecease Grantor, then upon Grantor's death, all ol~the remaining principal of this Trust and any accretions thereto and any accumulations of income not so distributed, and any gift made to a person that is deceased at the time of CJrantor's death, shall be divided into two equal parts, one for my son, TIti10THY P. KAHN, and one for my daughter, JANELLE E. EG.AN. Trustee shall pay one of said shares each to TIMOTHY P. K ANN and JANELLE E. EGAr~1, if living, and if not living, h.is/her share shall be held as a separate Trust for the issue of each such deceased child, per stirpes. Grantor's issue, for all provisions anti Items of this Trust. shall include only Grantor's children, TIMOTHY P. KANN and .IANELLE E. EGP.i~i, or their issue. Grantor has specifically not provided for Grantor's ;>on, WILLLAM IVAN hANN. because he is otherwise provided for as a beneficiary of a life insurance Trust Agreement dated November ~, 1976, amended February 27, 1983, wherein Farmers Trust Company and Timothy P. Kann are co-trustee;. Grantor does not intend to provide for foster children except to the extent of any specific bequest provided in I T EiVI II (a) (iv) above. (e) The Trustee shall further divide each Trust established for the benefit of the issue of a deceased child of Grantor into as many equal shares as there are then living children of Grantor's deceased child and then deceased children of Grantor's deceased child represented by then living issue. The Trustee shall hold one such share as a separate Trust for the benefit of each living grandchild of Grantor, and one such share as a separate Trust for the benefit of the issue of each such deceased grandchild of Grantor, per stirpes. Page 4 (~ In each Trust thus established for a then living grandchild of Grantor, Trustee shall quarterly pay to or for the benefit of such grandchild all of the income and so much of the principal of said Trust, as, in the discretion of Trustee, may be necessary to maintain such grandchild in the proper station in life, including proper support, maintenance, medical care and college or higher education. Upon such grandchild's attaining the age of twenty-five (2s) years, the Trustee shall pay to such grandchild one-third {1/3) of the then principal. Upon such grandchild's attaining the age of thirty (30) years, the Trustee shall pay to such grandchild one-half (') of the then principal. Upon such grandchild's attaining the age of thirty-five (3~) years, the Trustee shall pay to such grandchild the balance of the then principal. Upon the death of such grandchild during the continued existence of this Trust, all of the remaining assets in the trust shall continue to be held in Trust. The Trustee shall quarterly pay the net income from said 7~rust to or for the benefit of the issue of said grandchild, per stirpes, living at each time of quarterly distribution; as soon as any one of said issue attains the age of twenty-one (21) years, and in no event later than twenty (20) years following the death of Grantor's grandchild, Trustee shall pay over all of the then assets in the Trust to the then Iiving issrie of Grantor's deceased grandchild, per stirpes. Should such grandchild of Grantor die be;=ore final distribution and not be survived by then living issue, the provisions of subpar~igraph (g) herein shall obtain. (~) If at any time before final distribution of the assets of any of the Trusts established for issue of Grantor, there are no living beneficiaries of said Trust, the Trust shall terminate, and its assets shall be paid to Grantor's then living issue, per stirpes. Frovided, that if there is then in existence any Trusts created under this Agreement for the benefit of such issue, the assets which would have been distributed to such issue shall be added to the principal of such Trusts and shall be h:~ld, administered and distributed as provided herein. Page 5 ARTICLE III: The following provisions shall apply to "Trust B": (a) Trustee shall have, hold, manage, invest and reinvest the assets of this Trust, collect the income and beginning at Grantor's death pay over the net income in quarterly installments to Grantor's wife, ERIS J. F:ANN, during her lifetime. Trustee shall also, from time to time, pay to Grantor's wife such amounts of~ principal of this Trust as Trustee deems necessary for the proper support, maintenance and medical care of- Grantor's wife. (b) Upon the death of Grantor's wife, 7,rustee shall pay all accrued income and all income accumulated but undistributed to t;~e estate of Grantor's deceased wire and shall thereafter transfer the then remaining principal of this Trust to "Trust A" to be held, administered and distributed in accordance with the provisions of ARTICLE II (d) of this Agreement of Trust. (c) If Grantor's wife should not survive. Grantor, then the provisions of "Trust B" shall be void and the assets which would have constituted "Trust B" shall be added to "Trust A" to be disposed of in accordance with ARTICLE II (d) of this Agreement of Trust. (d) Trustee shall be authorized in Trustee's sole, exclusive and unrestricted discretion to determine whether to elect (under Section 20~6(b)(7) of the Internal Revenue Code of 1986 as amended. or any corresponding provision of the Federal estate law), to qualify all., none or a fraction of "Trust B" for the Federal estate tax marital deduction. The decision of Trustee with respect to the exercise of the election shall be final and conclusive upon all persons whose interests in Grantor's estate or this Agreement of Trust are directly or indirectly affected by the election. Only , property which is fully eligible for the marital deduction under Federal estate tas law shall be assigned to this Trust. Notwithstanding a:zythin~J to the contrary contained in this A`_=reen~ent of Trust. Trustee of this Trust shall not retain beyond a reasonable time any property which may at any time be or become unproductive, nor shall they Page 6 invest in unproductive property. Notwithstanding the provisions of subparagraph (b) of this Article. Trustee shall pay to the Executor of Grantor's wife's estate, out of the principal ol~ this Trust upon the death of Grantor's wife. an amount equal to the estate. inheritance. transfer, succession and other death taxes ("death taxes"), Federal, state and other, payable by reason of the inclusion of the value of Trust property in Grantor's wife's estate. Such payment shall be equal to the amount by which (1) the total of such death taxes paid by Grantor's wife's estate exceeds (2) the total of such death taxes which would have been payable iI~ the value of the Trust property had not been included in her estate. The determination by the Executor of Grantor's wife's estate of the amount payable hereunder shall be final. Grantor directs Trustee to pay such amount promptly upon written request of the Executor of Grantor's wife's estate. The final determination of the amount due hereunder shall be based upon the value as finally determined for Federal estate tax purposes in Grantor's wife's estate. After payment of the amount finally determined to be due hereunder, Trustee shall be discharged from any further liability with respect t.o such payment. Grantor's wife may waive her estate's right to payment under this subparagraph by Will, executed after Grantor's death. in which he specifically refers to the right to payment hereunder given to her estate. ARTICLE IV: No part of the income or principal of the property held under these Trusts shall be subject to attachment, levy or seizure by any creditor. spouse, assi~7nee or trustee or receiver in bankruptcy of any bevel ciar}' prior to his or her actual receipt thereof. Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation. pledging or assi~Tnment by any beneficiary under a Trust. and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneficiary. ARTICLE V: The Trustee shall possess, among others, the following powers: Pa~7e 7 (a} To vary or to retain investments, including the stock of any corporate Trustee named herein. when deemed desirable by Trustee, and to invest in such bonds. stocks, notes, real estate mortgages or securities or in such other property, real or personal as Trustee shall deem wise, without being= restricted to so-called "legal investments" and without being limited to any statute or rule of law regarding investments by fiduciaries. (b) In order to effect a division of the principal of a Trust or for any ocher purpose, including any final distribution of a Trust, Trustee is authorized to make said divisions or distributions of the personalty and reaaty, partly or wholly in kind. and to allocate specific assets among beneficiaries and Trusts created hereunder so long as the total market value of any share is not affected by such allocations. Should it appear desirable to partition any real estate, Trustee is authorized to make. join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances, or other obligations with as wide powers as can be exercised by an individual owner in fee simple. (c) To sell either at public or private sale and upon such terms and conditions as Trustee may deem advantageous to a Trust, any or all real or personal estate or interests therein owned by a Trust severally or in conjunction with other persons, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a tee simple title, tree and clear of all trust and without obli~~ation or liability of the purchaser or purchasers to see to the application of the purchase money; or to make inquiry into the validit}~ of said sale or sales: also. to make, execute, acknotivledge and deliver any and all deeds. assignments. options or other writings which may be necessary or desirable in carrying out any of the powers conferred upon Trustee in this paragraph or elsewhere in this instrument. (d) To mortgage real estate. and to make leases of real estate, extending beyond the term of the Tnists hereunder. Page. 8 (e) To borrow money from any party, including Trustee, to pay indebtedness of a Trust and taxes, and to assign and pledge assets of a Trust therefor. Provided, however, that this paragraph shall not authorize borrowing from "Trust B". (t) To pay all costs, taxes, expenses and charges in connection with the administration of a Trust, including a reasonable compensation to agents. It any estate or inheritance taxes are payable from assets received by Trustee, such taxes shall be paid from the assets constituting "Trust A". (g) In the discretion of Trustee, to unite with other owners of similar property in carr_yinQ out any plans for the reorganization of any corporation or company whose securities form a part of a Trust. (h) To vote any shares of stock which .form a part of a Trust. (I) To assign to and hold in trust an undivided portion of amr asset. (j) To do all other acts in its judgment deemed necessar} or desirable for the proper and advantageous management. investment and distribution of the Trusts. ARTICLE VI: Should Grantor's wile, ERIS J. KANN by Last Will and Testament or Agreement of Trust, establish Trusts similar to the Trusts herein established for the benefit of Grantor's issue. Trustee of each of said Trusts created in this Agreement shall have the right of merging it with the similar Trust for the same beneficiaries created by Grantor's wife and operating each of said merged Tnists as a single Trust. ARTICLE VII: `Vhenever and as often as any beneficiar} hereunder, to whom payments of income or principal are herein directed to be made. shall be under legal disability, or in the sole judgment of Trustee, shall othen~~ise be unable to apply such Palle 9 payments to his own or her own best interests and advantages, Trustee ma)' make all or an}~ portion of such payments in any one or more of the following ways: (a) Directly to such beneficiary; (b) To-theL-egal-Guardian-,or-Conner-valor-of-such.beneficiary;_ (c) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiar}~ under the age of twenty-one (21) years; (d) To a relative of such beneficiary, to be expended by such relative for the benefit of such beneficiary; or (e) B}~ itself expending same for the benefit of said beneficiary. This provision shall not apply to "Trust B ". ARTICLE VIII: Any person, other than Grantor's wife, who shall have died at the same time as Grantor, or under such circumstances that the order of deaths cannot be established b}~ proof, or within thirty (30) days of Granter's death, shall be deemed to have predeceased her. If Grantor's wife dies at the same time as Grantor, or under such circumstances that the order of deaths cannot be established h}~ proof, Grantor's wife shall be deemed to have survived him. Any person (other than Grantor) who shall have died at the same time as any then recipient of income or under such circumstances that the order of deaths cannot be established by proof, steal] be deemed to have predeceased such beneficiary. ARTICLE IX: Upon the death of the survivor of Trustees, or in the event of their inability or refusal to serve as Trustee, TIMOTHY J. KANN shall serve as successor Trustee. ZIP the event of his death or the inability or refusal to serve as Trustee, JANELLE E. ELAN shall serve as Trustee. In the event of her death or the inability or refusal to serve as Trustee. FARMERS TRUST COMPANY shall se~~~e as Trustee. Page 10 IN WITNESS WHEREOF, PAUL S. KANN ha.5 hereunto offered his hand and seal as Grantor and PAUL S. KANN and ERIS J. KANN has offered their hands and seals as Trustee all on the day and year first above written. ,~ GRANTOR: ;~);-~ ~, ~ ~ '% ~ - ~ ,; l i ~~ .J' ~.~~ /{ . /.;~'~V~3~ (SEAL) r `"~ `~ Witness PAUL S. KANN ,,--~~ TRUSTEE: ,~ ~ ~~ !I ~~~~~._ ~~ ~~ i ~~."lam-~U~ ~`~~. ~~_ ~ ~-~~,~~ (SEAL) / V ~- ~i-t~iess PAUL S. KANN ~, ~;%, /~ j ~ i/l ~ ~ / -_ -~~,,,; ;~ %_' ;-~_~' (SEAL) ~`f~ v ~ ~ ss ERIS 1. KANN ' ~- Pa<7e 11 -; Paul S. Kann Trust Balance on Hand (12/28; 10) Asset Value Approximately 69.85 acres of farm real estate in Middlesex Township, Cumberland County, PA, having the following tax parcel numbers: 21-07- 0465-011, 21-07-0465-006, and 21-07-0465-094, and being further described in Deed Book 136, Page 139, Deed Book 137, Page 931, Deed Book 136, Page 144, and Instrument Number 200840912. See attached Agreement of Sale, Deed, and HUD-1. $825,000.00 M&T Bank Trust Checking Account #9850789273 $7,800.15 M&T Bank Estate of Paul S. Kann Checking Account #9849167334 $12,869.37 Keystone Financial Management Account #JH1545449 -See attached Investment Portfolio Summary. $838,369.60 TOTAL VALUE OF ASSETS $1,684,039.12 ~~~ STANDARD AGREEMENT FOR THE S,4LE OF REAL ESTATE AsR This Corm recommended and nppmvcd Cor, but nol restricted to use by, the members of the Pennsylvania Association of REALTOFtSQi' (I'AR). rARTIEs BUYER(S): BUYER'S SELLI;R(S): Eris J Kann Trustee SELLER'S MAILIlVG ADDRESS: PROPERTY ADDRESS 121 Country Club Road _ Carlisle, PA ZIP 17013 m the municipality of Middlesex Township ___, County of Cumberland in the School District of Cumberland Vallev , in the Commonwealth of Pennsylvania Identification (e.g., Tax ID #; Parcel fit; Lot, Block; eed Book, Page Recordin Date): Z J.. ~ ~ ~ ~6s- 4d6' ~/ - 0 7- ®y65-off ~ ~/ o~ o s o~i BUYER'S RELATIONSIIP WITH PA LICENSED BROKER Broker (Company) Help-U-Sell Detwiler Realty Licensee(s) (Name) Steve Jones Company Address _ 655 Forge Road Carlisle, PA 17015 Company Phone 717-241-6060 Company Fax 717-244-5550 Broker is: Cl Buyer Agent (Broker represents Buyer only) Dual Agent (See Dua] and/or Designated Agent box below) Direct Phone(s) 717-241-6060 X105 Cell Phone(s) 717-226-981.0 Fax _ 717-241.5550 Email steveionesCa?helpusell.com Licensee(s) is: ^ Buyer Agent with Designated .Agency ^Buyer Agent without Designated Agency Dua] Agent (See Dual and/or Designated Agent box below} SELLER'S RELATIONSHIP WITH PA LICENSED BROKER ^ No Business Relationshia (Seller is not represented by n hrnkarl Broker (Company) Help-U-Sell Detwiler Realty Licensee(s) (Name) Steve Jones Company Address _ 655 Forge Road __ Carlisle, PA 17015 Company Phone 717-241-6060 Company Fax __ 717-241-5550 Broker is: ^ Seller Agent (Broker represents Seller only) Dua] Agent (See Dual and/or Designated Agent box below) and Direct Phone(s) 717-241-6060 X105 Ce11 Phone(s) 717-226-9810 Fax 717-241-5550 Email steveiones@helpusell.com Licensee(s) is: ^ Seller Agent with Designated Agency Seller Agent without Designated Agency Dual Agent (See Dual andlor Designated Agent box below) real estate services_but do not represent Sel DUAL AND/OR DESIGNATED AGENCY A Broker is a Dual Agent when a Broker represents both Buyer.and Seller in the same transaction. A Licensee is a Dual Agent when a Licensee represents Buyer and Seller in the same transaction. Al] ofl3roker's licensees are.also Dual Agents UTILESS there are separate Designated Agents for Buyer and Seller. If the same Licensee is designated for Buyer and Seller, the Licensee is a Dual Agent. By signing this Agreement, Buyer and Seller each acknowledge having been previously informed of, and consented to, dual a enc if a [icable. Buyer Initials: /' ~'~ ~ jl_ ~ + , ASR Pnge 1 of t l Seller loitials: ~~J Revised 1/t0 - ~~ I Pennsylvania Assaciation ofr REAITORS` COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS ®2010 ® I/IO Form generated by: True Forms'" vnvw.TrueForms.com 806-099-9612 SLJ Agreement of Sale -Printed: Wed nosday, Oclobor 20, 2010 76:09 / ~ ~ G ~~ " 1. ~p ~~~.~ ~~~~tlg~ttt, dated ~~~ Z ~~ Zm l0 ~~.~r6~ ~ = z Seller hereby agrees to sell and convey fo Buyer, who agrees to purchase, the identified Property. / ~ , 3 2. PURCHASE PRICE AND DEPOSITS (l-l t1) 4 (A) Pu 1hase Price $ 5 C% _ _ ~ ~ '~`~ ~' U.S. Dollars , to be aid b B e . - 1. Deposit at signing of this Agreement: ~ ~ $) P Y yet as followG~, ~ ~/' 2. Deposit within ~_ days of the Execution Date of this Agreement: $ ,~ 01, s 3 `" / fY 4. Remaining balance will be paid at settlement. $ YJ ti ) Alt [ands paid by Iluyer, including deposits, wit! be paid by check, cashier's check or wired funds. Al) funds paid b~~ Buyer within 3tl DAXS of settlement, including funds paid at settlement, will be by cashfel r~ check or wired funds, but oat by per- t3 sonal check. ' is (C) Deposits, regardless of the form of payment and the person designated as payee, will be paid in U.S. Dohto Broker for Seller (unless otherwise stated here: ,6 who will retain deposits in an escrow account in conformity with all applicable laws and regulations until consummation or ter- 17 urination of this Agreement. Only real estate brokers are required to hold deposits in accordance with the rules and regulations of i6 the Slate Real Estate Commission. Checks tendered as deposit monies may beheld uncashed pending the execution of this to Agreement. 2D 3. SELLER A:4SIST (If Applicable) (1-10) 2t Seller will pay $ 22 °r °b, of Purchase Price {D ifnot specified) toward Buyer's osis, as permitted by the mortgage lender, if any. Seller is only obligated to :pay up to the amount or percentage which is z3 app ed by mortgage ]ender. / 24 TTLEMENT AND POSSESSION (1-10) /" ` /? ~ ` ~m~~ Sz5 i {A) Settlement Dete is - or before if Buyer end Sella agree. ~ (B) Settlement will occur m the county where .the Property is located or .in an adjacent county, during normal business hours, .unless • z7 Buyer and Seller agree otherwise. 2e (C) At .time of settlement, the following will be pro-ratcd on a daily basis between Buyer and Seller, reimbursing where applicable: 2s Trent taxes (see Notice Regarding Real Estate Taxes); rents; interest on mortgage .a.4sumptions; condominium fees and home- 30 ' owner association fees; water and/or sewer fees, together with any othe~• licnable municipal service fees, All charges will be pro- 3t rated for the period(s) covered. Ballet will pay up to and including the alatc of sett]ement and Buyer will pay for al) days follow- 3z~ ing settlement, unless otherwise stated here: 35 (D) Conveyance 6•om Seller will be by foe simple deed ofspccial warranty unless otherwise stated here: 3s {E) Payment oFtransFcr taxes will be divided equally between Buyer and Seller unless otherwise stated here: 37 38 (~ .possession is to be delivered by deed, existing keys and physical possession to a vacant Pro 39 broom-clean, al day and time of settlement, unless Seller, before si gr, PertY free of debris, with all structures 4o subject to a lease, timing this A ecment, has identified in writing that the Property is 42 (G) If Seller has identified in writing that the Property is subject to a lease, possession is to be delivered by decd, existing keys and a.9signment of existing leases for the Property, together with security deposits and interest, if any, at day and time of settlement. Seiler a3 will not enter into any new leases, nor extend existing leases, For the Pro 4a acknowledge existing lease(s) by initialing the lease(s) at the execution of thisAgr mtent,tunles otherwise statedf gthis r Buyer will A5 Tenant-Occupied Property Addendum (PAR Farm TOp) ~ attached, greemcnt' 4a $. DA ~ IS OI? THE ESSENCE (I-]0) JI/C`{.~-C'---t. ~ ~r)lCi 4~ (A) ~tt~n acceptance of all parties will be on or before: 4e ) E5ettlement Date and all other dates and times identified for the pert°rmance of any obligations of this Agreement are of thc° as ° ~ essence end are binding. 50 ~, - The Execution Date of this Agreement is the date when Buyer and Seller have indicated full acceptance of this Agreement by sign- '~ ' ~ i g and/or initialing iE. For purposes of this Agreement, the number of days will be counted from the Execution Date, excluding he day this Agreement was executed and including the last day of the time period. All changes to this Agreement should be ini- 53 tiaj~ and dated, s • (D) The Settlement Date is not extended by any other provision of this Agreement and may only be extended by mutual written agree- ment of the parties. 6 (E) Certain terms and time periods are pre-printed in this Agreement es a convenience to the Buyer and Seller. All pre-printed terms 57 and time periods arc negotiable and may be changed by striking out the pre-printed text and inserting ditTerent terms .acceptable 66 to all parties, 5e 6, ZONING (7-10) eo Failure of this Agreement to contain the zoning classification (except in cases where the ro fit dividable) is zoned solely or primarily to permit single-family dwellings) will render this Agreement voidable at Buyer's opet on', nd,tf 6z voided, .any deposils.tendered by the Buyer will be r mad to the Buy without any requirement for court action. 63 Zoning Classification: _ ~ yC' -~ G Buyer Initials: Fo+mBeneraledby:TrueFolms' www.TrueForms.cnm ASR Page 2 of 11 Setter Initials: Revised 1lilt J aDD-199-9612 SW Agre°m°ntotS°lo • Prlnled: Thurnda , y Apn108, 2010 ! 5:T0 as 7. FLYT[TI2ES AND PERSONAL PROPERTY (i-IO) 65 (A) INCLUDED in this sale arc a i existing items permanently installed in the Property, fret of Dens, and other items including s6 plumbing; heating; radiator covers; Lighting fixtures (including chandeliers .and ceiling fans); pool and spa equipment (including s7 covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door openers and transminers; lele- sa vision antennas; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stared on the Property at the eg time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; Fences; mailboxes; wall to wall 7o carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds; 71 awnings; built-in air conditioners; built-in appliances; the rangeloven, unless otherwise stated; and, if owned, water treatment sys- 72 tams, propane tanks, satellite dishes and securi 73 ty .rystems. Alse included: 74 (B) The following items are LEASED (not owned by Seller), Contact the provider/vendor for more information (e.g„ water treatment 75 systems, propane tanks, SaiclIite dishes and securi ty systems);'' ~g (C) EXCLUDED fixtures and items: ~s 8. MORTGAGE CONTINGENCY (I-IO) 7s ^ WANED, This sale is NOT contingent on mortgage financing, although Buyer may obtain mortgage financing and/or the parties a may include an appraisal contingency. ,~ 1 ELECTED. 82 (A This sale is contingent upon Buyer obtaining more a e financing according to the followine termsc ea First Mortgage on the Property &4 Lvan Amount $ as Minimum Term y s ~~~ ' 8 Type of mortgage ~ ~ Loan-7'o-Value (LTV) ratio: ae For non-FHANA loans LTV ratio not to exceed ~_% ag Mortgage lender so interest rat %; however, Buyer agrees to accept the Bt interest ate .as may be committed by t mortgage lender, not s2 4o exc d a maximum interest rate of r %, 93 is~crount points, loan origination, loan .placement and other Fees s4 urged by the lender as a percentage of the mortgage loan (exclud- ing any mo ge insurance premiums or VA funding fee) not to s ed % (Q% if not specified) of the mortgage loan. s~ Blond Mortgage on the Property ~Lcalr Amount $ Minimum Term y~ Type of mortgage Loan-Tcti\/aluc (LTV) ratio: For non-FHANA loans LTV ratio oat to exceed ~_io Mortgage -ender interest role %; however, Buyer agrees to accept the Interest rate as maybe committed by the mortgage lender, not to exceed a maximum interest rate of %, Discount points, loan origination, loan placement and other fees charged by the lender as a percentage of the mortgage loan (exclud- ing any mortgage insurance premiums or VA funding fee) not to exceed _ % (0% if not specified) of the mortgage loan. The tnlerest rate(s) and fee(s) provisions in Paragraph 8(A) are satisfied if the mortgage lender(s) gives Buyer the right to guar- ~ antes the interest rate(s) and fee(s) at or below the maximum levels stated. If lend s s e>j) gives Buyer the right to lock in the inter- est tate(s}, Buyer will do so at least 15 days .before Settlement Date. Buyer gives Seller the right, at Seller's sole option and tog as permitted by law .and the mortgage lender(s), to contribute financially, without promise of reimbursement, to the Buyer and/or t the mortgagclendcr(s) to make the above mortgage term(s) available to Buyer. 'tae (C) Within dos 7 if not Loa y ( specified) from the Execution Date of this Agreememt, Buyer will make a completed, written mari- gagc application (including payment for and ordering of appraisal and credit reports without delay, at the time required by 104 lender(s)) for the mortgage terms and to the mortgage lender(s) identified in Para 1Q5 mortgage lender(s) of Buyer's choice. Broker for Buyer, if any, otherwise Broker fo pSelleAr,) is a thorized or commun catenwbth 1os tyre more a lend toy gag cr(s) to assist in the mortgage loan process, (D) Buyer wi[I be in default of this Agreement if Buyer furnishes false information ~ to anyone concerning Buyer's fioancia[ 1p9 andlOr employment status, falls to cooperate in .good faith with rocessin the mo of the a p g rtgage Loan application (including delay 110 ppraisal), fails to lackin interest rate(s) as stated in Paragraph 8(B~or otherwise causes the lender to reject, refuse to yp~rove or issue a mortgage loan commitment. / .. ~ ~ ~~~ tit .~~?~. MortgageCommitrnentDate: l 1 t2 - .Upon receiving a mortgage commitment, Buyer will.. promptly deliver:o copy of the commitment l0 5eller. 1t3 ' 2. If Seller does not receive a copy of the mortgage commitment(s) 'by the Mortgage Commitmen! Date, Seiler may tcrrninate 114 ~ this A~reemcnt by written notice to Buyer. Sellcds right to Icrminate eonkinucs until Buyer delivers n mortgage commitment 1 to S Ile}. Until Seller terminates this Agreement, Buyer is obligated fo rnakc a good-faith effort to obtain mortgage financing. t ~ 7 / 3. er may tcmiinate this Agreement by written notice to Buyer after the Mortgage Commitment Datc if the mortgage commitment: a. Does not satisfy the terms of Paragraph 8(A), OR t1 b. Contains any condition not specified in this Agreement (e.g,, the Buyer must settle on another ro 11 be received by .the lender, or.thc mortgage commitment is not valid through the Settlement Date) that is not sat sfied and/or tzo removed in writing by the mortgage lender(s) within 7 DAYS after the Mortgage Commitment Dale in Paragraph t t22 8(E)(1), or any extension (hereof, other than [host conditions that are customarily sahs5ed at or near settlement (e.g., obtaining insurance, confirming employment), t29 4. If this Agreement is terminated pursuant to Paragraphs 8 tz4 (E)(2) or (3), nr the mortgage loon(s) is not obtained for settlement, all deposit monies will be returned to Buyer according to the terms of Paragraph 22 and this Agreement will be VOID. Buyer tzs will be responsible for any costs incurred by Buyer for any inspections or ceriifieations obtained according to 'the terms of 126 this Agreement, and any costs incurred 6y Buyer for: (]) Tltlc search, title insurance and/or mechanics' lien insurance, or any r2~ fee for cancctlation; (2) .Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, or any fee for cancel- t2t3 lotion; (3} Ap isal fees and charges paid in advance to mortgage lender js). Buyer Initints: ~;!L- ASA Page 3 of t ] 5eller initials: ~ ~ itevlsed 1/IO FnRn gene riled by: Tole FOrms` www.TrueFDrms.com gpp_ggg, 8612 SLJ Agronm°rtl or 5altr -~prlntad: Thur°day, Apr1108, 2010'15:71 129 (F) IF the mortgage lender(s), or a property and casualty insurer providing insurance required by the mortgage lender(s), requires 13o repairs to the Property, Buyer will, upon receiving the requirements, deliver a copy of the requirements to Scller. Within 5 13'' DAYS of receiving the ropy of -the requirements, Scller will notify Buyer whether Seller will make the required repairs at Seller's 132 expense, 130 l . ]f Seller makes the required repairs to the satisfaction of the mortgage lender .and/or insurer, Buyer accepts the Property and 134 agrees to the RELEASE in Paragraph 24 of this Agreement. 135 2. If Seller will not make the required repairs, or if Seller fails to respond within the stated time, I3uycr will, within 5 136 DAYS, notify Seller of Buyer's choice to: 137 a. Make t}te repairs/improvemenLs at Buyer's expense, with permission and access to the Property given by Seller, which 138 will not be unreasonably withheld, OR tae b. Terminate this Agreement by written notice to Setter„with all deposit monies returned to Buyer according to She terms of too Paragraph 22 of this Agreement. tat If Buyer fails to respond within the time stated in Para ra h 8 t 4z g p (F)(Z) or fails to terminate this Agreement by written notice to Seller within that time, Buyer wi[1 accept the Property and agree to the RELEASE in Paragrmpb 24 of this Agreement. t43 FHA/VA, IF APPLICABLE t44 (G) ]t is a ressly agreed that notes}thstanding any other provisions oFlhis contract, Buyer will not be obligated to complete the purchase t45 of the arty described herein or to incur any penalty :by forte}tore of earnest money deposits or otherwise unless Buyer t4s has been gt , in accordance with HUD/FI~IA or VA requirements, a written statement by the Federal Housing Commissioner, t47 Veterans Admirti lion, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than 148 $ toe (the Purchase Price as stated in this Agreement). Buyer will have the privilege and option of proceeding witll consummatro a contract w}thou) regard -o the amount of the appraised valuation. The appraised valuation 1so is arrived et to deterTnine the maximum age the Department of Housing and Urban Development will insure. HUD does -151 not warrant the value nor the condition of the t5z Property are sceeptable. ~'• Buyer should satisfy himself/herself that the price and condition of the t53 Warning: Section 1010 of Title 18, U.S:C., Department ousing and Urban Development and Federal Housing 164 Administration Transactions . rovid t55 makes, passes, utters or Pohl shes any slathcmentr knowing theosame to benf~alse sing one finedaunder lh s~titla or imprisoned Hatt tss more than two years, or both." 167 (j.~ U„S, Departrrtent of Housing and Urban Develo meat ) 15a Sayer has received the HUD Notice "For Your ProtectionH:~Get ra 17iomE Inspecti~onC Buyer un Buyands Athe~mporlanceeoF 159 getting an independent home inspection and has though! about this before si in this A eement~.~Uyet, ~s° FHA will not perform a home inspection nor guarantee the price or condition of the Property. ~ understands that . (1) Certiiicntioa We 'the undersigned, Sel}er(s) and Buyer(s) party to this transaction each certify that the tenzrs of this contract 162 for purchase .are true to the best of our -knowledge and belief, and that any other agreement entered into by any of these parties t63 in connection with this transaction is attached to this Agreement. 164 g_, Si;LLER REPRESENTATIONS (1-10) 1e5 (A) Radon Testing and Remediatlon (Sec Notice Regarding Radon) tss Seiler has no }mow}edge about the presence or absence of.radon unless checked below: ts~ ^ 1. Seller haz knowledge that the Property was tested on the dates :and by the methods (e.g. charcoal canister, alpha track, 16a etc.), which produced the results indicated below: 170 tee Date Type of Test Results (picoCuries/I}ter or wor]ting levels) Name of Testing Service 1)1 t72 ^ 2. Scller has knowledge that the Property had radon removal system(s) installed as indicated below: t73 Date Installed Type of System t74 Provider ns 176 Copies of all ovailablc test reports will be delivered to Buyer with this Agreement. Seller does not warrant the methods to ar the results otradon tests. 17e ($) Status of Water tie Seller represents that the Property is serves( by; 1ao ^ public Water ..~~( ^Community Water On-site Water ^None ^ 181 (C) Status of Sewer tee 5e11eT represents that :the Property is served by: tai ^,Pub)ic Sewer ^ tea Community Sewage Disposal System L]Ten-Acre Permit Exemption (sec Sewage Notice 2) individual On-lot Sewage Disposal System (see Sewage Notice 1 765 ) ^Holding Tank (see Sewage Notice 3) ^ Individual On-lot Sewage Disposal System in Proximity to Well (see Sewage Notice 1; see Sewage Notice 4, if applicable) 166 ONone (see Sewage Notice 1 tai ) ^None Availabie/Pertnit Limitations in Effect (see Sewage Notice S) tae (D) Historic Preservation 18s Seller is not aware of historic preservation restrictions re ardin p rty tso g g the Pro a unless otherwise stated here: Buyer 1niHals: : i1 ASR Pagc q of I l Scller Initials: _,_"'rz Rcvfsed 1/t0 ~ Form poneraled by: TnieFarms` wwvr.TruaForms,eom B06d99~9612 9W Aproemsnl of Sole • Prlnrad; Thursday, April O8, 2010 15:.24 t9t ts2 193 lea 195 196 197 19e 199 200 2ni 202 203 2os (E).~' Property, or a portion of it, is preferentially assessed for tax purposes under the following Act(s) (see Notices Regarding Land Use Restrictions): armland find Forest Land Assessment Acl (Clean and Green Program; Acl 319 of t 974; 72 P.S. { 5490.1 et seq.) Open Space Act (Act 4-02 of 1967; 32 P.S. § 5001 et seq.) ^ Agricultural Area Security Law (Act 43 of 1981; 3 P.S. X907 et seq.) O other (F} Seller represents that, as of the date Seller signed this Agreement, no public improvement, condominium or homeowner associakion assessments have been made against the Property whidh remain unpaid, and that no notice by any government or public authority has been served upon Seller or anyone on .Setter's behalf, including notices relating to violations of zoning, housing, building, safety or fire ordinances that remain uncorrected, and that Seller knows of no condition that would constitute a violation of any such ordinances that remain uncorrected, .rmless otherwise specified here: (G) N.,,,.,,r.v, ,rvucw turc,uumg vroranons} and/or assessments except as follows: 2os (H) Access to n public road may require issuance of a highway occupancy permit from the Department ofTransporiation. zo6 ]0. WAIVER OF CONTINGENCIES (9-OS) 207 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property, or to verify insurability, envlronmentat zoB conditions, bonndnries, certificadons, zoning classlficatloa or use, or any other information regarding the Property, Buyer's 209 failure to eaercise any of Buyer's options within the times set forth in th[s Agreement is n WAIVER of that contingency and zto Buyer accepts the Property and agrees to the RELEASE to Paragraph 24 of this Agreement. 2t1 11. INSPECTIONS (1-10) (See Notices Regarding Property and Environmental Inspections) zt2 (A) Rights and Respoasib111Hes 213 1. Seller will provide access to insurers' representatives and, as may be required by this Agreement or by mortgage lender(s), to eta surveyors; municipal officials, appraisers and inspectors, All .parties and their real estate licensee(s) may attend any inspections. 215 2. Buyer may make a .pre-settlement walk-through inspection of the Property. Buyer's right :to this inspection is not waived by 2ts any other :provision of this Agreement. 217 3. Seller will have heating and all utilities (including fuel(s)) on for all fnspections/appralsels. 21B 4. All inspectors,-including home inspectors, are authorized by Buyerto:provide a copy of say inspection Report to Broker for Buyer. Zia 5. Seller has the ti zzo ght, upon request, to receive a free copy of any inspcetien Report from the party for whom it was prepared. (B) Buyer waives or elects at Buyer's expense to have (hc fallowing inspections, certifications, and investigations (referred .to as zzt "Inspection" or "Inspections") performed by professional contractors, home inspectors, engineers, architects and other properly 222 licensed or otherwise qualified professiona]s. If the same inspector is inspecting more -than one system, the inspector must comply 223 with the Home Inspection Law. {Sce Notice Regarding the Home inspection Law) 224 (C} For elected Inspection(s), Buyer will, within the Contingency Period(s) stated in Paragraph 12(A), complete Inspections, obtain .any 225 Inspection Reports or results (referred to as "Report" or "Reports"), and accept °the Property, terminate this Agreement, ar submit a 22B Written Corrective Proposal{s) to Staler, according to the terms of Para h I2 ~~ Home/Property Inspections and Environmental Hazards (moldetc.) ~) ~B Elected Bu Irma conduct.an in ection of the Pr e 2z9 ~/ y y sp op rty's structural components; roof; exterior windows and exterior Waived doors; exterior siding, Exlt:rior Insulation and Finish 5ystems,.fascia, gugers and downspouts; swimming pools, hot ~ ~L r~ 23o tubs and spas; appliances; electrical systems; interior and exterior plumbing; publicsewersystcros; heating and cool- 231 ing systems; water penetration; electrome ~z footage; mold and other anvironmental hazards (e,gf~ fungi, indoodairnd ~ood~plbai~ntodel't~na lion; structure square 233 etc.); and any other items Buyer' may select. If Buyer elects to have a home in eciion of the p~oound storage tanks, z3a sp perry, as defined in the Home Inspection Law, the home inspection must be performed by .a full member in good standing of a national 235 home inspection association, or a person supervised by a full member af.a national borne irupection .association, in ~B accordance with the ethical standards and code of conduct or practice of that association, or by.a properly licensed z37 or registered engineer or architect (See Notice Regarding the Home Inspection Lew) 238 Wood Infestation z3s Elected Buyer may obtain a written "Wood-Destroying Insect infestotion In lion R zoo / spec eport" from an inspector certified as ,Waived a wood-destroying pests pesticide applicator and will deliver it and all supporting documents and drawings provid-J °'~ i~ za1 ed by the inspector to Seller. The Report is to be made satisfactory to.and in compliance with applicable laws, mort- 2az gage lender requirements, and/or Federal Insuring and Guaranteeing Agency requirements. T'he Inspection is to be za3 limited to all readily-visible and accessible areas of all structures on the Pro 2a4 perry, except fences, ]f the Inspection revwls active infestation(s), Buyq-, at Buyer's Expense, may obtain a Proposal Pram awned-destroying pest's pes- 245 ticide epplicalor to treat the Pro If the 1 tae may obtain a written Report fromara professi nacontra or~home insp~tor or structural engineer that~s IinuBed to za7 structural damage to the Property caused by wood-destroying organisuns and a Proposal to repair the Property. 24B Radon 2a9 Elected Buyer may obtain a radon test of the Property from a certified inspector. The U.S. Environmental Protection Waived 25° / 251 Agency (EPA) advises corrective action itthe average annual exposure to radon is equal to or higher than 0.02.~~~.~ working levels or 4 picoCuries/liter (4pCi/L). 252 Water Service ' ~ f--~- ~ p/~ ~~, ~ lU 253 ~ t yer may obtain an Inspection of the quality and quantity of the wafer system m n properly licensed or otherwise JV~aive 2s4 qualified water/well testin com an If and as r y sp p Y+ 255 g P Y• equired b the in ection com an Seller al Seller's expense, will 9~ tc and provide access to theca-site (or individual) water system. Seller will restore the Property to itsprevious con- 25B dition, al S cr's expense, prior to settlement. Buyer Initials: f ~~L ASR Pagc 5 of I i Seller [nlt[nts: "__-~ L Revised t/10 ----- Form aeneraied 6t'. TnteForms- www,TrueForms.com Bn0-499.9612 9U Agroome~ of Sale -PAMnd; Thunday, April ae, Zoto is:24 257 25B 259 2ti0 2si zs2 263 Zb4 265 28B 2fi7 z6e 269 27D 271 27z 273 274 275 276 271 278 279 2Bo 281 262 283 tea 285 28fi 287 2B8 2B9 2so 291 292 283 294 295 296 2s7 2sa On-lot Sewage (1C Applicable} Elected Buyer may obtain an Inspection of the individual on-iol sewage disposal system from :a qualified, professional Waive t inspector. If and as required by the inspection company, Seller, at Seller's expense, will locate, provide access to,l~- ~ , l~ and empty the individual on-lot sewage disposal system. Seller wiGl restore the Property to its previous condikion, at Seller's expense, prior to settlement. See paragraph 12(C) for more information regarding the Individual On-lot Sewage Inspection Contingency. Propertylnsurance .Elected Buyer may determine the insurability of the Property by making application for.property and casualty insurance for Waiv ~ the Property to a responsible insurer. Broker for Buyer, if any, otherwise Broker for Seller, may communicate with ,.S:.Z~ / the insurer to assist in the insurance process. 1f the Property is located in a flood plain, Buyer may be required to carry flood insurance at Buyer's expense, which may need to be ordered l4 days or more prior to Settlement Date. Property Boundaries Elected Buyer may engage the service$ of a surveyor, title abstractor, or other qualified professional to assess the legal Warve / description, certainty and location of boundaries and/or quantum oi'Iend. Most Sellers have not had the Property / J,,2 •. surveyed as it is not a requirement of property transfer in Pennsylvania. Any fences, hedges, walls and other natural or constrocted barriers may or may not represen t the true boundary lines of the Property. Any numerical r-cpresen- tations ofsize of property .are approximations only and may be inaccurate. Deeds, Restrictlons and Zonlgg Elect Buyer may investigate easements, deed and use restrictions (including any historic preservation restrictions or ordi- Waived ~ '' '/-. nances) that apply to the Property and review local zoning ordinances. Buyer may verify that the present use ofthe / Property (such as in-law quatters, apartments, home office, day care) is permitted and may elect to make the Agreement contingent upon an anticipated use. Present use: Lead-i8ased Paint Hazards (For Properties prior to 1978 only) Elected Before Buyer is obligated to purchase a residential dwelling built priorto 1978, Buyer has the option to conduct a Waive / risk assessment and/or.inspeclion of the Property for the presence of }ead-based paint.and/or lead-based paint haz- ,/.--t y ands unless Buyer waives that right. Regardless of whether this inspection Is etected or waived, the Residential Lead-Based Paint Hazard Reduction Aet requires n Seller of property built prior to 1978 to provide the buyer wl[b as EPA-approved lead hazards information pamphlet titled Protect Your Family from Lead In Yoar Bome, along with a separate form, attached to this Agreement, disclosing Seller's knowledge of Iead- based paint hazards and aay teed-based paint records regarding the Property. (See Notices Regarding Residential Lead-Based Paint Hazard Rednction Act) Other Elected / The Inspections elected above do not apply to the following existing conditions and/or items: Waived 12. INSPECTION CONTINGEN i1-10) (A) The Contingency Period is (J days (IO if.trot specified) from the Execution Date of this Agreement for each Inspection elected in Paragraph 11(C), except the following: Inspection(s) Contingency Period ,• y ~ -days ~ days a~~J~ ) Except as stated in Paragraph 12(C), if the result of any Inspection elected in Paragraph ] I(C) is unsatisfactory to Buyer, Buyer 1 r 3D5 ( will, within the stated Contingency Period: - 1. Accept the Property with the information stated in the Report(s) and agrE:e to the RELEASE in Paragraph 24 ofthis Agreement, OR 3D6 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of , p ~'atagraph 22 of this Agreement, OR t~ C J Present We Report(s) to Seller witty a Written Corrective Proposal (uProposa!'~ listing corrections and/or credits desired by 3D9 ~~", Buyer. 31 D~ The Proposal may, but is oat required to, include the name(s) of a properly licensed or qualified professional(s) to perform the cor- Rections requested in the Proposal, provisions for payment, including retests, and a projected daft for completion of the correc- 3 lions, Buyer agrees that Seller will not beheld liable for corrections that do not comply with mortgage lender or governmental t3 requirements if perfornred in a workmanlike manner according to the terms of Buyer's Proposal, 3t4 a. No later than days (5 if not specified) from the end of the Contingency Pertod(s),.Seller will inform Buyer in writ- 375 ing that Seller will: 316 (1) Satisfy all the terms of Buyer's Proposal(s), OR sn (2) Not satisfy all the [arms of Buyer's Proposal(s), OR ate 3t8 (3) Negotiate a mutually acceptable written agreement with Buyer, providing far any repairs or .improvements to the Property and/or any credit to Buyer al settlement, as acceptable to the mortgage lender, if any. 3zo b, !f Seller agrees to satisfy the terms of Buyer's Propose! or Buyer and Seller enter into a mutually acceptable written agree- 32t men[, Buyer accepts the Property and agrees to the RELEASE in Para graph 24 of this Agreement. Buyer tnttials~~ ~L ASR Pnge fi of 11 Scltcr Initials: Rc~iecd t/10 Farm ganorpled by; TI11CF0r1r15- www.TraeForms.com 6aM9B-96t2 SW Agroomonl of Solo - Prlnletl; Thursday, April a8, 2Ut0 9514 322 c. If Seller chooses not to satisfy all the terms of Buyer's Proposal and if Buyer and Seller do not enter into a mutually 323 acceptable written agreement, or if Seller fails to choose any option witbin the rime given, Buyer will, within days 324 325 (~ ifnot specified): 32s (1) Accept the Property with the information stated in the Report(s) and agree to the RELEASE in Paragraph 24 of this Agreement, OR 327 (2) Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 328 paragraph 22 of this Agreement. 329 if Buyer fails to respond within the time siated in Para ra h IZ 33D written notice to Seller within that Hme, Buyer will acce S tic p~ ~}(3)(c) or fails to terminnte khis Agreement by 339 2d of this Agreement. P P r'ty and agree ko the RELCA5E in Paragraph 332 (C) if a Report reveals the need to expand or replace the existing individual on-lot sewage disposal system, Seller may, within 333 days (25 if.not specified) of receiving the Report, submit.a Proposal In Buyer. The Proposal will include, but not be limited to, the 334 :name of the company to perform the expansion or replacement; provisions for payment, including retests; and o projected com- 335 pletion date for corrective measures. Within 5 DAYS ofreceivin€;.Seller's Proposal, or if no Proposal is provided within the 338 stated time, Buyer will notify Seller in writing of Buyers choice lo: 337 1. Agree .to the terms of the Proposal, accept the Property and agree to the RELEASE in Paragraph 24 of this A 338 2. Terminate this Agreement by written notice to Seller, with ail deposit monies retumed to Buyer accordi~etoelt>r;o erns of 339 paragraph 22 of this Agreement, OR 340 3. Accept the Property and the existing system and agree to the RELEASE in Para 341 graph 24 of this Agreement, if required by any mortgage lender and/or any governmental authority, Buyer will con~ect the defects before settlement or within the time required 342 by the mortgage Icnderand/or governmental authority, at Buyer's seta expense, with .permission and access to the Pro 343 by Seller, which may not be unreasonably withheld. IFSellcr denies Buyer permission and/or access to correct the defepc syBuyer 3a4 may, within 5 DAYS of Seller's dcniai, terminate this Agreement by written notice to Seller, with a)1 deposit monies returned to Buyer according to the terms of paragraph Z2 of this Agreement 346 I[ Buyer tolls to respond within the time ~stnted in Paragraph 12(C) or falls .to terminate this Agreement by written notice 347 to Setter within that time, Beyer will accept the Property and agree to the RELEASE in Paragraph 24 of this Agreement 348 13, NOTICES, ASS)'rSSMENTS AND MiJNICIPAL RIrQUIREINIENTS (l-l0} 349 (A) In the event any notices, including violations, and/or assessments are received after Seller has signed this Agreement and before 35o settlement, Seller will within 5 DAYS of receiving the notices and~or assessments provide a copy of [he notices and/or assess- 3s9 meets to Buyer and will notify Buyer in writing that Seller will; 352 1 . Fully comply with the notices and/or assessments, at Seller's expense, before settle~rnent. If Seller fatly complies with the as3 notices and/or assessments, Buyer accepts the Property and agrees to the RELEASE in Paragraph 24 of this Agreement, OR 354 2. Not comply with the notices and/or assessments. If Seller chooses not to comply with the notices .and/or assessments, or tails 355 within the stated time to notify Buyer whether Seller will comply, Buyer will notify Seller in writing within 5 DAYS ass that Buyer will: 3s~ a. Comply with the notices and/or assessments at Buyer's expen::e, ace I the Pro 3.5e Paragraph 24 of this Agreement, OR ~ P~3', and agree to the RELEASE in 359 b. Terminate this .Agreement by written notice to Seller, with all deposit monies rctumed to Buyer according to the terms of 38D 361 Paragraph Z2 of this Agreement, If Buyer falls to respond withla the lime stated in Paragraph 13{A)(2) or tails to terminate this Agreement by written notice 38z to Seller wlthia that time, Buyer will acce t the Pro e .383 P p rty and egret: to the RELEASE io Pnrngraph Z4 of this Agreement. (B) IFre~quired by few, within 30 DAYS hom the Execution Datc of this: Agreement, but in no case later than 15 DAYS prior 384 to Settlement Date, Seller will order at Seller's expense a certification from the appropriate municipal departments} disclosing ass notice of .any uncorrected violations of zoning, housing, building, safety or fire ordinances and/or a certificate permitiing occu- 3s8 panty of the Property. If Buyer receives a notice of any required repairslimpravcments, Buyer will promptly deliver a co 387 the notice to Seller. py of 38a I, Within 5 DAYS of receiving notice from the municipality that repairslimprovemcnts arc required, Seller will deliver a 3sa copy of the notice to Buyer and notify Buyer in writing that Seller will: 37o n. Make the required rcpairs/improvements to the satisfaction of the municipality. If Seller makes the required 371 repairs/improvements,Bayer accepts the Property and agrees to the; RELEASE in Paragraph 24 of this Agreement, OR - 37z b. Not make the required repairslimprovements. If Seller chooses nog: to make the required repairs/improvements, Buyer will 373 notify Seller in writing within 5 DAYS that Buyer wilt: 37A 376 (1) Makc the repairs/improvements at Buyer's expense, wish permission and access to the Property given by Seller, which will not be unreasonably withheld, OR 37a 377 (?) Terminate this Agreement by written notice to Seller, with al' deposit monies retumed to Buyer according to the terms of Paragraph 22 of this Agreement. 378 1f Buyer fails to respond within the time stated in Paragraph 13{B)(1)(b} or fails to tertulnate this Agreement .by a79 written notice to Seller wihnin that time, Buyer will accept the Property and agree to the RELEASE is Paragraph Sao Zd of this Agreement, and Buyer accepts the responsibility to pertorm the repairsrmprovements according fo the 399 terms of the notice provided by the municipality, 362 2. If Seller denies Buyer permission to .make the required repairs/improvements, or does not provide Buyer access before 3fi3 Settlement Date to make the required repairs/improvements, Buyer may, within 5 DAYS, terminate this A 384 written notice Io Seller, with at1 deposit moriies returned to Buyer according to the terms of Paragraph 22 of this Agre~emerntnt by 3e6 3 . tFrepairs/improvements are required and Seller fails to provide a copy of the notice to Buyer as re iced in this Para 386 will perform eU rcpairs/improvements as required by the notice at Seller's expense. Paragraph 13(B)(3) will survive s~eattlement.r Buyer Initinls: ='` ASR Pn e 7 of 11 g Seller 1nttlnis: Revl~ed IIlU 0 Fermgeneraled6y~Tr'neForms"' www,TrueForm9.wm BDD-499-9692 SI.J Aproement a1 Sata •prlrAod: Thunttlay, April OB, 201015:21 say 14. CONDONLINIUA4/PLANNED COMMUNITY (HOMEOWNER ASSOCIATIONS) RESALE NOTICE {1-70) sea Property is NOT a Condominium or part of a Plaru~ed Community unless chtmked below. sae ^ CONDOMINIUM. The Property is a unit of a condominium that is primarily run by a unit owners' association. Section 34p7 of the 3s° Uniform Condominium Act of Pennsylvania (see Notice Regarding Condominiums and Planned Communities) requires Seller to 391 furnish Buyer with n Certificate of Resale and copies of the condominium declaration (oche; than plats and plans), the bylaws and 3sz the rules and regulations of the association. 393 ^ pLANNED COMMUNITY (HOMEOWNER ASSOCIATION .The Pro e 3s4 Uniform Planned Community Act (see Notice Regarding Condominiums d Planned Communit cs)~Sectio 540?(a) of the Act 395 requires Seller to furnish Buyer with a copy of fhc Declaration (other than plats and plans), the bylaws, the rules end regulations 3s8 of the association, and a Certificate containing the provisions set forth in section 5407(a) of the Act. 397 THE FOLLOWIIVG APPLIES TO PROPERTIES TTIAT ARE PART OF A CONDOMINIUM OR A PLANNED COMMUNITY. 398 (A) Within 15 DAYS .from the Execution Date of this Agreement, Seller, at Seller's expense, will request from the association a ass Certificate of Resale and any other documents necessary Ie enable Seller to comply with the retevanl Act. The Act provides that 4°o the.association is required to provide these documents within J O days of Seller's request. `m1 (B) Seller will promptly deliver to Buyer all documents received from the association. Under the Act, Seller is oot liable to Buyer for 4a2 the failure of the association tq provide the Certificate in a timely manner or for any incorrect information provided by the association 4o3 in thcCertfficate. 404 (C) The Act provides that Buyer may declare this Agrcerncnt VOID at any time before Buyer receives the association documents and 'm5 for 5 days after receipt, OR until settlement, Fvhiehever occurs first. =Buyer's notice to Seller .must be in within u on Buyer 406 declaring this Agreement void, all deposit monies will be returned 'o Buyer according to the terms of Para g. p ao~ Agreement. graph 22 of this nos (D) If the association has the right to buy the Property (right of first ttfusal), and the association exercises that right, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained according to the terms of the Agreement, 41o and .any .costs incurred by Buyer tor: (I) Title search, title irssurancc and/or mechanics' lien insurance, or any fee for cance[lation; 4t t (2) Flood insurance, fire insurance, hazard insurance, mine subsidence insurance, ar any Fee far cancellation; {3) Appraisal fees 4t2 and charges paid in advance to mortgage lender. at3 I5. TITLES, SURI>EY5 AND COSTS (1-IO) 4t4 (A) The Property will be conveyed with goad and marketable title that is insurable by s reputable title insurance company et the regular 4t5 rates, free and clear of all liens, encumbrances, and easements, excepting however the following: existing drd restrictions; 416 historic preservation restrictions or ordinances; building restrictions; ordinances; easements of roads; easements visible upon the 4t7 Bound; casements of record; and privileges or rights of public service companies, ifany. 4te (B) Buyer will pay for the following: (1) Title search, title insurance and/or mechanics' lien insurance, or any fee for cancellation; 4t9 (2) Flood insurance, fire insurance, .hazard insurance, mine subsidence insurance, or any fe1: for cancellation; (3) Appraisal Fees 4z° and charges paid in advance to mortgage lender, (4) Buyers customary settlement costs and accruals. a22 C) 'Any survey or surveys required by the title insurance company os the abstracting company for preparing an adequate legal description of the Property (or the correction thereof) will be obtained .and paid for by Seller_ Any survey or surveys desired by 423 Buyer or required by the mortgage lender will be obtained and paid for:by Buyer. 424 (D) .If Seller is ratable to give good and marketable title that is insurable by a reputable title insurance company at the regular rates, as 2~ specified in Paragraph 15(A), Buyer may terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of Paragraph 22 of this Agreement. Upon termination, Seller will reimburse Buyer for any costs 27 incurred by Buyer for any inspections or certifications obtained according to the terms of this Agreement, and far those items specified za in Paragraph i5(B) items (1), (2), {3} and in Paragraph d5(C). 30 {E) Seller is not aware of the status of oil, gas and mineral rights for Property unless otherwise stated below: ^ Seller does not own all subsurface rights to the.property. 3t ^ OiI, Gas and Mineral Rights Addendum (PAR Form OCM) is attached. 32 (p) COAL NOTICE (Where Applicable) 'mss THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, WCLUDE OR INSURE THt? TITLE TO T}IL• COAL AND R1GHT5 OF SUPPORT UNDERNEATH 34 TILE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND TI I1r OWNER OR OWNERS OF SUCH COAL MAY )iAVE THE COMPLETE LEGAL, 35 RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TD THE SURFACE OF T?)E LAND AND rWy HOUSE, a BUILDING OR OTHER .STRUCCURE ON OR M SUCH LAND. (This notice is set forth in the manner provided in Section 1 of [hc Act of ~ July 17, 1957, P,L. 984,) "Buyer scknowledges that he may not be obtaining the right of protection ogainst subsidence resulting 6 from coal mining operntions, and that the ro 9 p petty dcscnbed herein may be protected from damage due to mine subsidence by n private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose of complying ° with the provisions of Section 14 of the Bituminous Mine Subsidence: anti the L.nnd Consrnation Act of April 27, 1966." ~ Buyer agrees to sign the deed from Seller which deed will contain the aforesoid prevision. 9 (G) The Property is not a "rccr~a6onal cabin" as defined in the Pennsylvania Construction Code Act unless otherwise staled here (see Notice Regarding Recreational CabinsJ: '~ ] 6. MAINTENANCE AND RISK OF LOSS (1-10) s (A) Seller will maintain the Property, grounds, fixtures and personal property sptxifically listed in this Agreement in its present condition, 5 normal wcarand tear excepted. ~ (B) If any system or appliance included in the sale of Property fails before settlement, Seller will: 1, Repair or replace the Failed system or appliance before settlement, OR 2. Provide prompt written notice to Buyer of Seller's decision to: a. Credit Buyer at settlement for the fair market value aF the failed s}~stem or appliance, as acceptable to the mortgage lender, ifany, OR b. Not repoir or replace the failed rystem or appliance, and not credit Buyer nt settlement for the fair market value of the failed system or appliance. . 2. r fiuycr Initials: ~ _ ASR Pngc 8 of I1 Seller InINa1s: Revised I/10 Form ger,eraled by: Tt7reForms° www.TrueForms,com a°6-499.9612 Sf.J Agronmenl nr Snro - Prlntnd: thunsdny, ApNI O8, 7010 15:21 4 4 4 A a 4 4 4 4 4 43 43 43 43 a4 A4 44 44 4 44 44 b4 448 449 45a 45t 4sz 453 4s4 3. If Seller does not repair or replace the Coiled system or appliance or agree to credit Buyer For its fair market value, nr if Seller 455 fails to notify Buyer of Seller's choice, Buyer will notify Seller in writing within 5 DAYS or before Settlcmcnl Dale, ass whichever is earlier, that Buyer will: 45~ a. Accept the Property and agree to the RELEASE in Para 45e graph 24 of this Agreement, OR h, Terminate iltis Agreement :by written notice to Seller, with all deposit monies returned to Buyer according to the terms of a5G Paragraph 22 of this Agreement_ 4so If gayer fails to respond within the time stated in Paragraph 7.6(B)j3) or fails to terminate this Agreement by written 4s1 notice to Seller within that time, Buyer will accept the Property .and agree to the RELEASE in Paragraph 24 of this 462 Agreement. 463 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not 464 replaced prior to settlement, Buyer will: 465 1. Accept the Property in it_5 then current condition together with the proceeds of any insurance recovery obtainable by Seller, OR 4fi6 Z. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 467 Pazagraph 22 of this Agreement. 46e I7. HOME WARRANTIES (l-l0) X68 .At or before settlement, either party may purchase a home warranty for,the Property From athird-party vendor. Buyer and Scllerunderstand a7o that a home warranty for the Property does not alter any disclosure requirements of Seller, will not cover or warrant any preexisting a71 defects of the Property, and will not alter, waive or extend any provisions of this Agreement regarding inspections or certifications 472 that Buyer has elected or waived as .part of this Agreement. Buyer and Seller understand that a broker who recommends a home 473 warranty rosy have a business relationship with the home warranty company that provides a financial benefit to the broker. 474 18. RECORDING (9-05) 475 This Agreement will not be recorded in the Office of the Recorder of Deeds yr in any other office or place of public record. If Buyer 476 causes or permits this Agreement to be recorded, Seller may elect to treat such act as a default of this Agreement, 477 19. ASSIGNMENT (1-10) 476 This Agreement is binding upon the parties, their heirs, personal representatives, guardians and successors, .and to the extent assignable, 478 on the assigns of the parties hereto. Buyer wilt not transfer or assign this Agreemcvt without the written consent of Seiler unless 48° othmvisc stated in this Agreement. Assignment of this Agreement may result in additional transfer taxes. net 20, GOVERNING LAW, VENUE AND PERSONAL JURISDICTION (9-05) 462 {A) The validity and construction of this Agreement, and the rights and duties of -the parties, wilt be governed in accordance with the 463 .laws of the Commonwealth of Pennsylvania. 4e4 (B) The parties.agree that any dispute, controversy or claim arising under or in conncclion with this Agreement or its performance by '~6 either party submitted to a court shall be filed exclusively by and in I.he state or federal courts sitting in the Commonwealth of 486 Pennsylvania. 4a7 21. REPRESENTATIONS (I=10) '83B (A) All representations, claims, advertising, promotional activities, brochettes or plans of any kind made by Seller, Brokers, their 46s iieensees, emp}oyees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this 490 Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, 491 covenants, representations, statements or conditions, oral or otherwise, of .any kind whatsoever concerning this •sale, This 492 .Agreement will not be aliere amend 4a3 d, ed, changed.or modified except in writing executed by the parties. (B) Dnless otherwise stated in this Agreement, Buyer has Inspected the Property (including fixtures and any personal .property 494 specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to .purchase the 405 Property A' ITS PRESENT CONDITION, subject to inspection contingencies elected in this Agreement, Buyer acknowledges 4ss that Brokers, their licensees, employees, officers or partners have not made an independent examination or determination 497 of the structural soundness of the Pro e 496 the perTrtitted uses, nor of conditions exists ~ rA the locale where th eProperty lssJtuatedq Wort have ihe,°made a mechA one; 499 inspection of nay of the systems contained therein, 500 (C) ,ray repairs required by this Agreement will be wmpleted in a workmanlike manner. 591 (D) Broker(s).have provided or may provide services to assist unrepresented parties in complying with this Agreement, 5oz 22. DETAULT, TERMINATION AND RETURN OF DEPOSITS (1-lU) fio3 (A) Where Buyer Icrminates this Agreement pursuant to any right granted by this Agreement, Buyer will be entitled to a return of 5oa all deposit monies paid on account of Purchase Price pursuant to the terms of Paragraph ZZ(B), and this Agreement will be 6°5 VOID. Termination of this Agreement may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit 606 monies. 6°7 (B) Regardless of the apparent enlit]ement to deposit monies, Pennsylvania law does not allow .a Broker holding deposit monies to 5oe determine who .is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit tnonles; 509 1. If this Agreement is terminated prior to scltlernenl and (here is no dispute over entitlement to the deposit monies. A written 510 agreement signed by both parties is evidence that Yhccc is no dispute rel;arding deposit monies, 51t 2. If, after Broker has received deposit monies, Broker receives a written a reemenl that is si 5t2 Broker how to distribute some or all of the deposit monies, g fined by Buyer and Seller, directing st3 3. According to the terms of a 6na1 order of court, 5t4 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the Sts deposit monies if there is a dispute between Qrc.parties that is not resolved. (See Paragraph 22(C)) Buyer 1niHala: _ J ~;Z _ ,,f ~j ~ ~ (//~7r'_"_ A'SR Pagc 9 of I t Seller lailtnls: ~_`_~~c~/ Res~ised 1110 Fom: generated by: TrI~2FOPlrrS" www.TrueForms.eom 600.499-8672 SlJ Apreemanl of Sala - Prlnlod: Thursday, Apr11 08, 2d 10 15:24 5» (C) Buyer and SeNer agree that if there is a dispute over the entitlement to deposit monies that is unresolved 3fi5 days after the Settlement Date stated in Paragraph 4(A), or any written extensions thereof, !hc Broker holding the deposit monies will, with- 5ta in 30 days of receipt of Buyer's written request, distribute the deposit monies to Buyer unless the Broker is in receipt of verifi- s19 able written notice that the dispute is the subject of litigation. If Broker has received verifiable written notice of litigation prior to 52o the receipt of Buyer's request for distribution, Broker will continue to hold the deposit monies until receipt of a written distri- szi button .agreement between Buyer .and Seller or a final court order. Buyer and Seller.are advised to initiate [itigation for any por- 522 .lion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph. Buyer and Seller agree that the 523 distribution of deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, and that 5x4 the parties maintain their legal rights to pursue.litigation even after.a distribution is made. 5x5 {D) Buyer .and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms oFParag•aph 22 or Pennsylvania Sze law will not be [fable. Buyer and Seller agree that if any Broker o- affiliated licensee is named in litigation regarding deposit sza monies, the attorneys' fees and costs of the Broker(s) and licensee(s) will be paid by the patty naming them in litigation. (E) Seller has the optioh of retaining all sums.paid by Buyer, including the deposit monies, should Huyer: Sze I. Fail to make any additional payments as specified in Paragraph 2, OR 530 2. Furnish false or incomplete information to Shccr, Hroke s , or an other 531 Buyer's Icgal or financial status, OA ~) Y pal' identified in this Agreement concerning s3s 3. Violate or fail to fulfill and perform any atherterms or conditions of this Agreement. 534 {F) Unless otherwise checked ]n Paragraph 22(G), Seller may elect to retain those sums paid by Huyer, including deposit monies: 1. On account of purchase price, OA 535 2. As monies to be applied to Seller's damages, OR 53s 3, As liquidated damages for such default, 538 (G)SELLER 15 LIMITED TO RETALNTI9G SUIVlS PAID i4Y BUYER, INCLUDING DEPOSIT MONIES, AS _ LIQUIDATED bAMAGES. s4o (H) If Seller retains all sums paid by Buyer, including deposit monies, as liquidated damages pursuant to Paragraph 22(F) or {G), Buyer and Seller are released from further liability or obligation and this Agreement is VOID. sal ([) Brokers andiicensees ere not responsible for unpaid deposits. 5az 23. MEDIATION (1-10} 543 Buyer and Seller will submit all disputes or claims that arise from this Agreement, including disputes and claims over deposit monies, 5aa to mediation. Mediation will be conducted in accordance with the Rules and Procedures of the Home Sellers/Home Buyers Dispute s4s Resolution System, unless it is not available, in which case Buyer and Seller will mediate according to the terms of'the mediation sys- 54b tam offered or endorsed by the local Association of REALTORS®. Mediation fees, contained in the tncdiatnr's fee schedule, will be s47 divided equally among the parties and will be paid before the mediatior. conference. This mediation process must be concluded before 54B any p~j, to the dispute may initiate legal proceedings in any courtroom, with the exception of tiling a summons if i! is necessary to 549 stop any statute of limitations from expiring. Any agreement reached through mediation and signed by the parties will be binding {see 55o Notice Regarding Mediation). Any.agreement to mediate disputes or claims arising from this Agreement will survive settlement, ssi 24. RELEASE (9-05~ 5s3 Buyer releases, quit claims and forever discharges SELLER, ALL BItOICERS, their LICENSEES, EMPi,OYEES and any OFFICER or PARTN);t2 of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or s~ through them, from any and all claims, lasses .or demands, including, but aot limited to, personal injury and property dam- 555 age end slt oC the consequences thereof, whether known or oot, which may arise from .the presence of termites or other woot3- 55s boring Insects, radon, lead-based paint hazards, .mold, fungi or indoor air q¢ultty, eaviro¢menta] harBrds, any defects in the 557 iodividua] on-lot sewage disposal system or deficie¢cies in the on-site water service system, or any detects or conditions on the sae Property. Should Seiler be in default under the terms of ibis Agreement or in violation of.any Seller disclosure law or reguia- s5s tioa,:this release does not .deprive Buyer of any right to purse any remedies that may be ovailabte under .law or equity. This sa° release will snrvlve settlement. s5i 25. REAL ESTATE RECOVERY FUND (9-Q5) sex A Real .Est ecovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real ss3 estate li see (ar 'censcc's afFiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been 5B4 unabl o collect the j gment .after cxhaustin all !e al .and se5 g g equitable remedies. For complete details about the Fund, cal] {717) 783- 3658 (80D) 822-2113 within Pennsylvania) and (717) 783-4BS4 (outside Permrylvania). sss 2ti. CO CATIO WITII BUYER ANDJOR SELLER {I-10) s67 Whercv r this cement contains n provision that requires or allows communicationldetivery to a Buyer, that provision shall be satis- sBa fled by communication/delivery to the Broker for Buyer, if any, except for documents required to be delivered pursuant :to 568 paragraph 14. if there is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made direct- ~0 ly to the Buyer, unless otherwise agreed to by the parties. Wherever this Agreement contains a provision that requires or allows com- 5~t munication/delivcry to a Seller, that provision shall be satisfied by communication delivery to the Broker for Seller, if.any. If there is 57z no Broker for Seller, those provisions may be satisfied on]y by communication/delivery being made directly to the Seller, unless other- 5~s wise agreed to by the parties. s74 27, SPECIAL CLAUSES (1-10) 575 (/~) 'I'be following are part of this Agreement if checked; 57s ^ Sale & Settlement of Other Property Contingency Addendum {PAR Form SSP) 577 ^ Salc & Settlement of Other Property Contingency with Aig}rt to Continue Marketing Addendum (PAR Form SSP-CM) 57B ^ Settlement of Other Property Contingency Addendum{PAR Form SOP) 579 ^ Short Sale Addendum to Agreement of Sale (PAR Form SHS) seo O ppmisal Contingency Addendum {PAR Form ACA) 581 582 583 I-I fluyer Inltlnls: n "1 ,- ~~ ASP. Page 10 of 12 Seller lnitiais: __~~ ~"_- Revised 1/]d FOB 9enera~ed by; Tide Forms° yvww.TrueForms.eom Bn°-499-9612 9W Apreomonl or Salo . PrMtaO: Thurstlay, April 08, 2D1D 15:7J 56a (g) Additional Terms: 565 home must appraise for sale price or higher otherwise co tract is null a d void ses ~ This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which tiD6 connterparts 6os together shalt constitute one and the same Agreement of the Parties. stn NOTSCE TO PARTIES: WIIEN 51GNED, THIS AGREEMENT IS A BWD7NC CONTRACT. Parties to this transaction are et t ndvised !o consult a Pennsylvania real estate attorney before signing if they desire legal advice. stz Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures Eta of all parties, constitutes acceptance by the parties. 6t5 ~~~ ~/~- Buyer has received the Consumer Notice as adopted by the' State Real Estate Commission at 49 Pa. Code §35336. 615 f, ,2- ' /~ Buyer has received a statement of Buyer's estimated closing costs.before signing this Agreement. stl 1 ~ -'L-' ~~ Buyer has read and understands the notices and et:planatory information in this Agreement. 619 ~~~ Buyer has received a Seller's Property Disclosure Statement before signing this Agreement, if required by 'law ~~ (see Information Regarding the.Rea] Estate Seiler Disclosure Law). 62; ~---./~, Buyer has received the Deposit Money Notice (for cooperative sales when Broker for Seller is holding deposit ~~ ~~// ~~ money) before signing this Agreement. 6~ .l ~~`1~ Buyer 'has received the Lead-$ased Paint Hazards Disclosure, which is attacbed to this Agreement of Sale, and the pamphlet Protect Your Famfiy from Lead .in Your Home (far properties built prior to 1978) sea WITNESS BUYER ~ ` ~ /`-' DATE ~~' ` `7-~-rte s25 WITNESS $UYER DATF,IGC /~/C a2s WITNESS BUYER DATE s27 Seller has received the Consumer Notice as adopted by the State Reni Estate Commission at 49 Pa. Code § 35336. 529 Seller has received a statc~ent of Seder's estimated closing costs before signing this Agreement Seller has read and uo c~rstands the notices and eaplaaatary information in this Agreement. / _ s3o WITNESS /~ /~.~«-f SELLER~i, i /I ,/~ ~~ "._ ~~G r ~ ~~L/ DATE _l ~l sst WITNESS SELLER DATE ss2 WITNESS SELLER DATE ASR Page ll of I 1 Revised Ltb Form generated hy: Tn~eForrns" www.TrueForms.com eon-ag5_gs12 SLJ Agreamonl of Sala - prlnlod: Thursday, April O8, 2010 t3:2~ ~~ Bu er ac owed ecel t of Pe ns vanla' a Bu d 5e1 Gu to Radon a f,r a ide o Mo P~oisture and Your Home. and Home SeIIPrclHnrne a,,.R,.., n.__..._ ~_ _ _., ., APPRAISAL CONTINGENCY ADDENDUM TO AGREEMENT OF SALE AcA This form recommended and nppmvcd for, bw nol restricted io use by,lhc members of the Pcnnsylvnnin a_ssociatian of RLALTORSQt~ (PAR) ^ 1 PROPERTY ~°Z l ~,t~+,r„~~.{ ~,~~ ~ ~a ~~~ /V/~)~ 2 SELLER 3 BUYER -f ~~ 4 DATE OT AGREEMENT ~~ - ~. d ~ ~O ~Q 5 6 I . Thr: Agreement of Sale is contingent upon the Property being appraised in a manner that is acceptable to underwriter {if Buyer is obtaining ~ financing) and at a value that is equal to or higher than: ^ $ 9 ^ % of the Purchase Price / ~ 1D ~ The Purchase Price ~ ~ C J~ O. ,~ 1~ / / ~ 12 Z. Contingency Period: ays (21 If not specified) from th<: Execution Date of the Agreement. 13 Within this Contingency Period, Buyer may obtain an appraisal of the Property from a Pennsylvania certified appraiser. If Buyer is obtain- 14 ing mortgage financing, .the appraisal shall be performed by a Pennsylvania certified appraiser selected by the mortgage lender to whom is Buyer has made application for financing. IFBuyer is not obtaining mortgage financing, -the appraisal shall be performed by a Pennsylvania 1s certified appraiser selected b}~ Buyer. 17 (A) If the terms of Paragraph 1 are satisfied, Buyer accepts the Property and agrees to the terms of the RELEASE paragraph of the tR Agreement of Sale. 1s (B) If the terms of Paragraph 1 are not satisfied, Buyer will deliver a copy of the appraisal report to Seller, and Buyer will, within the 20 Contingency Period: 21 1. Terminate the Agreement of Sale by written notice to Seller, with all deposit monies returned to Buyer according to the terms of 22 Agreement of Sale, OR z3 2. Enter into a mutually acceptable written agreement with Seiler. 24 2s 3. If Buyer does not terminate the Agreement of Saie or enter into a mutually acceptable written agreement with Sellenvithin this Confingency 26 Period, Buyer waives this contingency. 27 ze All other terms and c editions of the Agreement of Sale remain unchanged and in full force and effect. 2s ~ 7. 3o R'ITNESS ~ ~ BiJ~'ER -`! . ~~ DATE //-~ /D ~' ~ / v ~~ ~ ~ _/ t 3~ WITN ~ S BUYER (7- DATE f~L -~-/G 3z WITNESS 33 WITNESS 34 WITNESS 3s WITNESS B Ul'ER DATE SELLER ~ ,f~ _.!~ :~°' DATE SELLER SELLER ~) Pennsylvania Association of REALTORS` Form generated by: TnteForms° vnvw.TrueForms.eom 800.499-9612 DATE DATE C'DPYRtCI1T PENNSYLVANIA ASSDCIAT'ION OF REALTURS~' 200A DR/DR Untitled -Printed: Friday, Oclobdr 29, 2a7010:16 ASSIGNMENT OF INTEREST IN AGREEMENT OF SALE AGREEMENT made this day of February, 2011, by and between SPED N. RIZVI and JAMES H. BAILEY, Parties of the Fust Part, and 121 COUNTRY CLUB ROAD, LLC, Pam of the Second Part. VVITNESSETH: WHEREAS, the Parties of the First Part hereto entered into an Agreement of Sale dated October 20, 2010 to purchase the tracts of land hitown and numbered as 121 Country Club Road and two adjoining tracts on Country Club Road, Middlesex Township, Cumberland County, Pennsylvania, 17015, lmown by Tax Parcel Id. Numbers as follows: 21-07-0465-06, 21-07-0465-11 and 21-07-0465-94. Said Agreement of Sale designated Eris J. Kann, Trustee, as the seller of the subject property. WHEREAS, Parties of the First Part agree to assign all their right, title and interest in and to said Agreement of Sale to said Party of the Second Part. NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained agree as follows: 1. Parties of the First Part do hereby assign and convey all of their right, title and interest in the Agreement of Sale for above described property to the Party of the Second Part. 2. Party of the Second Part hereby assumes any and all of the right, title and interest of the Parties of the First Part in and to the above described property. IN WITNESS WHERE and intending to be legally bound hereby, the pazties hereto have set their hands and seals the day and year first ~e written. 121 COUI~'TRY CLUE ROAD, LLC, Pa the Second Part By: pL ~ es .Bailey, Membe By: San ra D. Bailey, Mem er By: ~~ ~ f '' Syed . Rizvi, Member Yasmin Rizvi, Member WITNESS: ~~-- / PARTIES THE FIRST PART CONSENT OF SELLER I, Timothy P. Kann, Successor Trustee under the Paul S. Kann Trust Agreement dated July 21, 1995, do hereby consent and agree to the Assignment of Interest in the Agreement of Sale dated October 20, 2010 pursuant to Paragraph 19 of said Agreement of Sale. WI'T'NESS: THE PAUL S. KANN TRUST DATED JULY 21, 1995 Timothy P. K ,Successor Trustee Parcel ID No.: 21-07-465-006, Parcel 21-07-465-094 and Parcel 21-07-46S-O11 DEED MADE this /~ day of ~~FG1Nn~y , in the year two thousand eleven, (2011). BETN~EEN TIMOTHY P. KAHN, Successor Trustee under the Paul S. Kann Trust Agreement dated July 21, 1995, and TIMOTHY P. KANN and JANELLE E. E(~AN, Beneficiaries under the Paul S. Kann Trust Agreement dated July 21, 1995, GRANTOR and 121 COUNTRY CLUB ROAD, LLC, a Pennsylvania Limited Liability Company, GRAN'CEE N7TNESSETH, that in consideration of the sum of EIGHT HUNDRED TWENTY- FIVE THOUSAND and NO/100 ($825,000.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, its successors and assigns; TRACT 1: UPI: 21-07-465-006 Address: 121 Country Club Road, Carlisle, PA ALL THAT CERTAIN tract of land situate in the Township of Middlesex, Cumberland County, Pennsylvania, as set forth in the ;°roperty Sulvey Lands of Paul S. Karu: Trust prepared by Douglas G. Crawford, P.L.S. bearing Drawing No. 243611-465-6, dated January 24, 2011 and revised February 7, 2011, and more particularly bounded and described as follows: BEGINNING at a point along the dedicated right-of--way of L.R. 1005, Section 1 known as Interstate I-81; thence North 72 degrees 45 minutes 55 seconds West, 486.35 feet to a steel pin; thence continuing North 72 degrees 45 minutes 55 second West, 294.18 feet to a bent steel pin; thence North 6 degrees 44 minutes 55 seconds West, 529.96 feet to a RR spike in Country Club Road (T-505) formerly known as :Beniheisel Road; thence in, through, and along said Country Club Road the following three courses: (1) North 58 degrees 30 minutes OS seconds East, 627.00 feet to a point; (2) thence North 34 degrees 45 minutes OS seconds East, 174.90 feet to a point; (3) thence North 1 degree 57 minutes 35 seconds West, 539.19 feet to a RR spike; thence South 65 degrees 31 minutes 35 seconds East, 2,260.84 feet to a steel pin located at a point along the dedicated right-of--way of L.R. 1005, Section 1, known as Interstate I-81; thence along the dedicated right-of--way for L.F:. 1005, Section 1 known as Interstate I-81by a curve to the left with a Chord bearing South 65 ciegfiees 59 minutes 24 seconds West, a chord distance of 2;042.54 feet, a radius of 5,829.65, and an arc length of 2,053.14 to the point and place of BEGINNING. CONTAINING 51.40 acres more or less. BEING COMPOSED OF THE' FOLLOWING: (1) Being part of the same premises which Paul S. Kann and Eris J. Kaim, husband and wife, by their deed dated April 13, 1996 and recorded on April 18, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 137, Page 931, granted and conveyed unto Paul S. Kann and Eris J. Kann, Trustees under the Paul S. Kann Trusi Agreement dated July 21, 1995, and (2) Being the same premises which Paul S. Kann and Eris J. Kann, husband and wife, by their deed dated March 6, 1996 and recorded on March 14, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 136, Page 139, granted and conveyed unto Paul S. Kann and Eris J. Kann, Trustees under the Paul S. Kam1 Trust Agreement dated July 21, 1995. The said Paul S. Kann and Eris J. Kann are since deceased and under the terms of the Paul S. Kann Trust Agreement dated July 21, 1995, Timothy P. Kann was appointed Successor Trustee. TRACT 2: Parcel 21-07-465-094 Address: Country Club Road, Carlisle, PA ALL THAT CERTAIN tract of land situate in the Township of Middlesex, Cumberland County, Pennsylvania, as set forth in the Property Survey Lands of Paul S. Kann Trust prepared by Douglas G. Crawford, P.L.S. bearing Drawing No. 243611-465-6, dated January 24, 2011 and revised February 7, 2011, and more particularly bounded and described as follows: BEGINNING at a point along the dedicated right-of--way of L.R. 1005, Section 1 known as Interstate I-81; thence North 10 degrees 00 minutes 35 seconds West, 437.89 feet to a steel pin; thence South 72 degrees 45 minutes 55 seconds East, 486.35 feet to a point along the dedicated right-of--way of L.R. 1005, S~°ction 1 known as Interstate I-81; thence along the dedicated right-of--way of L.R. 1005, Section 1 known as Interstate I-81 by a curve to the left having with a Chord bearing South 53 degrees 3l minutes 35 seconds West, a chord distance of 483.02, a radius of 5,829.65, and an arc length of 483.16 to the point and place of BEGINNING. CONTAINING 2.14 acres more or less. BEING THE SAME PREMISES which Glenn F. Kann, single, by his Corrective Deed dated December 29, 2008 and recorded on December 31, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Instrument Number 200840912, granted and conveyed unto Paul S. Kann and Eris J. Kann, Trustees under the Paul S. Kann Trust Agreement dated July 21, 1995. The said Paul S. Kann and Eris J. Kann are since deceased and under the terms of the Paul S. Kann Trust Agreement dated July 21, 1995, Timothy P. Kann was appointed Successor Trustee. TRACT 3: Parcel 21-07-465-011 Address: Country Club Road, Carlisle, PA ALL THAT CERTAIN tract of larrd situate in the Township of Middlesex, Cumberland County, Pennsylvania, as set forth in the Property Survey Lands of Paul S. Kann Trust prepared by Douglas G. Crawford, P.L.S. bearing Drawing No. 243611-465-6, dated January 24, ZO11 and revised February 7, 2011, and more particularly bounded and described as follows: BEGINNING at a steel pin along the dedicated right-of--way of L.R. 1005, Section 1 known as Interstate I-81; thence North 68 degrees 19 minutes 00 seconds West, 471.82 feet to a steel pin; thence North 21 degrees 41 minutes 10 seconds East, 1,097.82 feet to an 8-inch diameter dead ash at a split rail fence pc>st; thence South 72 degrees 28 minutes 55 seconds East, 292.81 feet to a bent steel pin; thence South 72 degrees 45 minutes 55 seconds East, 294.18 feet to a steel pin; thence South 10 degrees 00 minutes 35 seconds East, 320.87 feet to a steel pin; thence South 40 degrees 18 minutes OG seconds West, 279.52 feet to a point; thence South 49 degrees 42 minutes 00 seconds East, 1().00 feet to a bent steel pin at or near the dedicated right- of-way of L.R. 1005, Section 1 known as Interstate I-81; thence along dedicated right-of--way line of L.R. 1005, Section 1 known as Intersrate I-81, South 40 degrees 18 minutes 00 seconds West, 633.97 feet to a steel pin and the point and place of BEGINNING. CONTAINING 16.16 acres more or less. BEING PART OF THE SAME PREMISES which Paul S. Kann and Eris J. Kann, husband and wife, by their deed dated March 6, 1996 and recorded on March 14, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 136, Page 144, granted and conveyed unto Paul S. Kann and Eris J. Kann, Trustees under the Paul S. Kann Trust Agreement dated July 21, 1995. The said Paul S. Kann and Eris J. Kann are since deceased and under the terms of the Paul S. Kann Trust Agreement dated July 21, 1995, Timothy P. Kann was appointed Successor Trustee. AND the said Grantor, for himself and his respective administrators, successors and assigns does hereby covenant, promise and agree to and with the said Grantee, its successors and/or assigns, by these presents, that he, the said Grantor, has not done, con~rnitted, or knowingly or willingly suffered to be done or committed, any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or ma}~ be impeached, charged or encumbered, in title, charge, estate, or otherwise whatsoever. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, the day and year first above written. Sealed and Delivered - -~ in the presence of ) ~ ~! ~ ~ ~ ~ ~ ~ (Seal) Ti thy P. Kann, Successor Trustee un r the Paul S. Kann Trust Agreement dated July 21, 1995 1 '~ ~_(Seal) Timoth .Kann, Beneficiary ' / T ~ ~ ~ - (Seal) anelle E. Egan, Be ficiary COMMONWEALTH OF PENNSI'L V.<1NIA COUNTI' OF YORK :SS: ~~~// i On this, the ~5`~~day of ~'~>'C~ 20 ~1 , before me, the undersigned officer, personally appeared Timothy P. Kann, as uccessoi• Trustee under the Paul S. Kann Trust Agreement dated July 21, 199 and as Beneficiary, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~~1 .(l/-~/J_ (SEAL) T~6fary ~ubhc MCE: COMMON~gLTH OF PE~!NSYLVANIA NOTARIAL SEAL Vicki Nl. Runkle, Nota City of Yom, Yo rY Public My Commission ~ County Expires Jan, 1q 2012 COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF YORK On this, the ~~~ day of ~,didlQ/~/ 20 /% , before me, the undersigned officer, personally appeared Janelle E. Egan~iary, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. 1N WITNESS WHEREOF, I her~eu~nto set my hand anal fficia seal. ~~=-~~/ (SEAL) Notary Public MCE: COMMONWEALTH OF PENNSYLVANIA NOTARIAL 5~.'_ Vicki M. Runkle, Notary Public City of Yoric, York County My Commission Expires Jan. 14, 2012 CERTIFICATE OF RESIDENCE I do hereby certify that the precise residence of the within named grantee is as follows: c/c. James H. Bailey 2820 Daron Road Spring Grove, Pennsylvar~i-A17362 Attorne r for antee Prepared 6y: Hoffineyf;r & Semmelman, LLP Attorneys at Law 30 North George Street York, Pennsylvania 17401 (?17) 846-8846 r,-,,. ,. ~~~li~i « =' ~ OM6 Approval Nc. 25C2-0265 ,_~~ii,l,; : A. Settlement Statement (HUD-1) FINAL 1 . ^ FHA 2. ~ RHS 3. ~ Conv. Unins. 6. File Number: 7. Loan Number: 8. Ahortgage Insurance Case Number F0001090 4. ^ VA 5. ~ Conv: Ins. C. Note: This forth is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlemt:nt agents are shown Items market "(p.o.c)"were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower: E. Name & Address of Seller: F. Name & Address of Lender: 121 Country Club Road, LLC Timothy P. Kann, Successor Trustee under the Paul S. M&T Bank Kann Trust Agreement dated July 21, 1995 One Fountain Plaza, 6ln floor -Attn: Post Closing, Buffalo, NY 14203 G. Property Location H. Settlement Agent: I. Settlement Date: 0 211 4/2 0 1 1 121 Country Club Road Y.A.C.O. (York Abstracting Company), LLC Distcursement Date: 02/14/2011 Carlisle, Pennsylvania 17015 Middles x T hi e owns p Place of Settlement: Title Express 30 North George Street, York, PA. 17401 Primed 02/14!2011 at 2:07 pm by V'R ' a 100. GrossAmount DuefromBorrower 400. -GrossAmounEDuetoSeller 101. Contract sales price 825,000.00 401. Contract sales price 825,000.00 102. Personal ropertv 402. Personal ro ert 103. Settlement charges to borrower (line 1400) 15,185.50 403. 104. 404. 105. 405. Ad'ustments for items aid b seller in advance Ad'ustments for items aid b seller in advance 106. City/town axes to 406. Cityltown taxes to 107. County taxes to 407. County taxes to 108. School Taxes 02114/2011 to 06!30/2011 804.33 408. School Taxes 02/14/2011 to 06/3012011 804.33 109. School Taxes -Parce 02/1412011 to 06130!2011 42.73 409. School Taxes -Parce 02/14/2011 to 06/30/2011 42.73 110. School Taxes -Parce 02/1412011 to 06!30/2011 4.94 410. School Taxes =Parce 02/14/2011 to 06/30/2011 4 94 111. 411. . 112. 412. 120• Gross Amount Due from Borrower .841,037.50 420. Gross Amount Due to Seller 825,652.00 :200. Amounts'Paidb or in'BehalfrofBdrrower 500, ,,~ Reductions:=:In AmountDue o Seller 201. Deposit or earnest money 5,000.00 501. Excess deposit (see instructions) 202. Pdncipal amount of new loan(s) 625,000.00 502. Settlement charges to seller (line 1400) 96,230.00 203. Existing loans/ taken sub'ect to 503. Existing loa s taken sub'ect to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Ad'ustments for items un aid b seller Ad'ustments for items un aid b seller 210. City/townlaxes 01!0112011 to 02114!2011 30.24 510. Cilyltown taxes 0110 1 /2 01 1 to 02!1412011 30.24 211. County taxes 01!01/2011 to 02/14/2011 60.45 511. County taxes 01/01/2011 Io 02/14/2011 60 45 212. School Taxes to 512. School Taxes tq . 213. Library taxes -Parcel 01/01/2011 to 02114/2011 4.54 513. Library taxes -Parcel 01101/2011 to 02/14/2011 4.54 214. CitylTown taxes -Par 01101!2011 to 02/14/2071 1.61 514. Cify/iown taxes -Par 01101!2011 to 0 211 412 0 1 1 i 61 215. County taxes -Parcel 01/01/2011 to 02/14/2011 3.21 515. County taxes -Parcel 01/0112011 to 02114!2011 . 3.21 216. Library taxes -Parcel 01/01/2011 to 02/1412011 0.24 516. Ubrary taxes -Parcel 01/01!2011 to 02114/2011 0 24 217. CitylTown taxes -Pan 01/01/2011 to 02/14/2011 0.19 517. City/Town taxes -Part 01/01/2011 to 02/14/2011 . 0,1y 218. County taxes -Parcel 01/0112011 l0 02/14/2011 0.37 51 B. County taxes -Parcel 01!01/2011 to 02/14/2011 0 37 219. Library taxes- Parcel 01/01/2011 to 02/14/2011 0.03 519. Library taxes -Parcel 01/01/2011 to 02/14/2011 . 0.03 220• Total Paid bylfonBorrower 630,100.88 520. Total Reduction Amount Due Seller 96 330 88 300.. Cash.at:Settlement.fromfto-Borrower , . 600. Cash at'Settlementidlfrom Seller 301. Gross amount due from borrower (line 120) 841,037.50 gp1. Gross amount due to seller (line 420) 825 652 00 302. Less amounts paid by/for borrower (line 220) 630,100.88 602. Less reductions in amount due seller ;line 520) , . 96,330.88 303. Cash QX From ~ To Borrower e e ,K a re9 „ en or n e ,on o o, pima oe a e: me e a me„ e: pe., 210,936.62 espe,ue or m 603. Cash QX To ~ From Seller 729,521.12 _ ___ _ _., _ ____.__~ _._ __,.,,_........,..~.,,,,,. ~ ~~., ., ~.„p„e„ ,,, p,orge mp panes ,p a nesrn cwereo vansaaon wan nmm,anp„ aen„p me sel~kment p,pcess. See attached addendum for additional information Previous editions are obsolete Page 1 of? HUD-] LUn. Total Keal tstate Broker Fees `~ 4o,bUU.UU Division of commission(Iine700;asfollows Paid From Borrower's Paid From Seller's 701. $46.500.00 to Help-U-Sell Detwiler Realty Funds at Funds at 702. $0.00 to 703. Commission pain a(settiemen( Settlement i Settlement 46,SOO.OD 800. Items Pa able in Connection with Loan 801. Our origination charge (Includes Origination Point % or $0.00) $ (from Gr""~ #1) 802 Your credit or charge (points) for the specific interest rate chosen $ (from GFE #2) 603. Your adiusled origination charges (from GFE A) 804. Appraisal fee to Aoradan Associates (from GFE #3) 1 050 00 805. Credit reoor( to (from GFE #3) , . 806. Tax service to from GFE #3) 802 Flood certification to (from GFE #3) 12.00 808. Environmental Study to LCS Inc. (from GFE #3) 925.00 809. Atty Doc Prep & Review to Gene Pe insk , Es . (from GFE #3) 240.00 900. Items Re wired b Lender to be Paid in Advance 901. Daily interest charges from from 02/14/2011 to 03/01/2011 @ $O.OOlday (from GFE #10) 902. Mortgage Ins. Premium for months to (from GFE #3) 903. Homeowner's insurance ror months to (from GFE #11 j 904. months to (from GFE #11) uuu. <,overnment Kecortlin and Transfer Char es 1201. Government recording charges (from GFE #7) 196.00 1202. Deed $84.00 Mort aqe $112.00 Release $0.00 1203. Transfer faxes (from Gr"E #8) 8,250.00 1204. Local Transfer Tax/Stamps Deed $8,250.00 Mort atle $O.DO 1205. State Transfer Tax/Stamps .Deed $8,250.00 Morttlage $0.00 8,250.00 1206. Transfer Tax -state & local Deed $0.00 Mort aqe $0.00 1207. 1300. Additional Settlement Char es 1301. Required services that you can shop for rt~~m r,Fr aat ' ~"~ °O1 °CY to Dou las G. Crawford 3,870.00. 1303. to 1304. Deed Preparation to HoHmever & Semmelman, LLP 450.00 1305. Fee for Tax Receipts to Helo-U-Sell 15.00 1306. Inhedtance Tax to Register of Wills, A enl $ 37,125.00 r r ' ' 15,165.50 96,230.00 'Paid outside of closing by (B)orrower, (S)eller, (L)ender, (I)nvestor, Bro(K)er. See attached addendum for additional information Previous editions are obsolete Page 2 of3 HUD-7 HUD CERTIFICATION OF BUYER AND SELLER I Crave carefully reviewed the HU61 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUC-1 Settlement Statement. ~'_ Country Club Road, LLC James H. Bailev, er Sandra H. Bailey, tuber 1 rv~Te.~ Timothy P. Kann, Su sor Trustee under the Paul S. Kann Trusf Agreemei dated July 21, 1995 ~ ~~~_ Syed N. Rizvi, Member n ~ ~.~; ~ ~ ~, asmin Rizvi, Member The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. SETTLEMENT ~ i % ,~ ~~ , , i' DATE <' WARNING. IT IS A CRIME TO KNOWINGLY MAKE FALSE STATEMENTS TO THE UNITED STATES ON THIS OR ANY SIMILAR FORM. PENALTIES UPON CONVICTION CAN INCLUDE A FINE AND IMPRISONMENT. FOR DETAILS SEE TITLE 18: U.S. CODE SECTION 1001 AND SECTION 1010. See attached addendum for additional information Previous editions are obsolete HUD-J a ~ Name of Borrower. Name of Seller: Fiie Number 121 Country Club Road, LLC Timothy P. Kann, Successor Trustee under the F0001090 Paul S. Kann Trust Agreement dated July 21, 1995 I ~ rvote: i ms page rs rurmshed to provide an itemization of certain amounts shown on the Settlement i Statement (HUD-1 ). This page accompanies but is not a part of the settlement statement. If a discrepancy exists, the information shown on the Settlement Statement (HUD-1) applies. ?P.aid=F.rom Borrower's~Funds at Settlement Paid`From Sellers'.Funds at Settlement 800 , Items P,ayable~n Connection witfi Lvan_. ~" ' 801 Our ongmation charge (Includes Origination Point % or $0.00) I a. Loan Origination Fee $ I 802. Your creditor charge (ooints) far the specific interest rate chosen a. Loan Discount $ 803. Your adjusted origination charges 804. Appraisal fee to Agrarian Associates 805. Credit report to 1,050.00 ~ 806. Tax service to 807. Flood certification to 12 00 808. Environmental Study LCS Inc. 925.00 809. Atty Doc Prep & Review to Gene Pepinsky, Esq. 240.00 - `900 :gems+Regwredily'L`eride~fo Be P.aidiiiiaAdvance :1000 Reser<ves`~U@posifed vrrthLgnder ';~ ~ ' ; ' ` - _ :1100. Title'Charges- Included, 1101. Titleservices and lender's Otle insurance 3,762.50 a. Overnight Delivery Fees to York Abstracting Company, $ 10.00 b. Document Retrieval Fee to York Abstracting Company, 35.00 c. Notary Fees to Vicki M. Runkle 25.00 d. Wire Fees to York Abstracting Gompnay, 10.00 e. Extra Chains to York Abstracting Company .50.00 (. Bringdown Fees to York Abstracting Company 30.00 $ 160.00 1102. Settlement or closing fee 1103. Owners title insurance (policy) $ 750.00 1104. Lender's title insurance (policy) 3,327.50 $ 3,602.50 a. Endorsement 710 VRM 50.00 b. Endorsement 900 EPL-Residential 50.00 50.00 c. Endorsement 100 (No Violation) 50.00 d. Endorsement 300 Survey 50.00 e. Closing Service Letter 75.00 (Total 1103 + 1104) $ 4.352 SD 1105. Lentle's title policy limit-S62500D°DO 1iD6.-Owner's title, policydimir~S82500400 11DZ AgenCs~.portion oflhe total illeinsurance'premmm $ 3,635:87 1108. Undenvnters oodion'ofthe total title insurance prem 716:63 (Tofa11107+'1103) 5 4352':50. 110°. Notary fees 20.00 1110. 1200 Govemment•Recojdmg and Transfer Charges I`ncl'uded = in Line.120tor:1203 ' 1201 Government recording charges _ 196.00 1202. Recording Fees 196.00 1203. Transfer taxes Deed Mortgage 8,250.00 1204. Local Transfer Tax/Stamps $ 8,250.00 $ 8,250.00 1205. State Transfer TaxlStamps $ 8,250.00 $ 8,250.00 1206. County Transfer Tax $ $ 1300. Additional Settlement Charges Included _ i~ Luie 1301 _ _ 1301. Required services that you can shop for 1302. Survey 3,870.00 1304. Deed Preparation 450.00 1305. Fee for Tax Receipts 15.00 1306. Inheritance lax 37,125.00 ©M8T Bank 499 Mitchell Road, Millsboro, DE 19966 Adjustment Services Phone 888-502-4349 Fax (302) 934-2955 February l6, 2011 Persun and Heim PC P O Box 659 Mechanicsburg, PA 17050 Re: Estate of Eris J Kann Social Security: 193-12-8690 Date of Death: December 28. 2010 Dear Sir or Madam: Per your inquiry on January 31, 2011, please be advised that at the time of death, the above-named decedent had on deposit with this bank the following: l . Type of Account Checking Account Account Nzunber 3740615400 Ownership (Names ofJ Eris J Kann Paul S Kann Janelle Egan (POA) Timothy P Kann (POA) Opening Date 03/22/99 Balance on Date of Deatla $167,139.53 Accrued Interest $ 16.47 Total ______ ___ $167,156.00 2. Type of Account Checking Account Accotnu Number 985078927.3 Ownership (Nantes of) Erls J Kann (Trustee) Paul S Kann (Grantor) Opening Date 10/08/09 Bala~ice ort Date of Death $7,799.94 Accrued Interest $ ,21 Total $7, 800.1 S For further account information, closures and/or reimbursement of funds please call the High Street Carlisle Office at #717-240-4536. We were unable to locate any safe deposit box For the above-mentioned decedent. This letter does not include any accounts in which the deceased may have been listed as Power of Attorney, Custodian of Uniform Transfers, Representative Payee, or Trustee under a Written Agreement Sincerely, ~- ~ a~ '-vtC9-~ Tammy Spencer Adjustment Services Jen D Wetzel From: KRISTY LEHMAN-MARTSON [klehman-martson@mtb.comJ Sent: Monday, March 21, 2011 11:38 AM To: Jen D Wetzel Subject: Re: Estate of Paul Kann Hi Jen -- Based on what I can see on the statement, ending value on 12/28/1() should have been 12,869.30. Computing out the accrued interest is only approximate on my part, but should have amounted to about .07, making the entire balance $ 12,869.37. Please let me know if I can assist further, Kristy Kristy Martson M & T Bank Assistant Branch Manager Banking Officer Retail Banking Division One West High Street Carlisle PA 17013 (717)240-4581 (717) 240-4518 FAX »> Jen D Wetzel <jdwetzel(~persunheim.com> 3/21/201 1 1 1:31 AM »> Hi Kristy- Would you be able to provide me with the value of Account No. 9849167334 (Estate of Paul 5. Kann) as of December 28, 2010? Thank you, Jen Jennifer Denchak Wetzel, Esquire Persun & Heim, P.C. 1700 Bent Creek Boulevard, Suite #160 P.O. Box 659 Mechanicsburg, PA 17055-0659 Tel. (717) 620-2440 Fax (717) 620-2442 E-mail: jdwetzel@persunheim.com The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message may be an attorney-client communication and as such is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. ~~ysTONE ® Financial. iVlanagement Investmenf Portfolio Summary 05/04/2005-12/28/2010 Combined Account Portfolio Prepared For Paul S Kann Agreement 456 Rich Valley Road Carlisle, PA 17015 Prepared By Steven Zeigler CFP, CPA Keystone Financial Management 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 Investment Portfolio Summary Paul S Kann Agreement 456 Rich Valley Road -° ®KEYSTONE Carlisle, PA 17015 ~~ Financial i~fanagcmcnt a - Table of Contents Holdings bylnvestor .................... ..... 1 Asset Allocation -Investment Objective ... ..... 3 Portfolio Summary ..................... ...... 4 Portfolio Value and Benchmark ........... ..... 5 Gain/Loss by Investor ................... ..... 7 Portfolio Snapshot (pie) ................. ..... 9 Disclosure ............................. ..... 10 Steven Zeigler CFP, CPA Keystone Financial Management 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 717-697-7333 Combined Account Portfolio Created: 08/24/2011 Incomplete it presented without accompanying disclosure pages Investment Portfolio Summary Paul S Kann Agreement 456 Rich Valley Road KEYSTONE Carlisle, PA 17015 c ~~. Financial iVl:uiagcmcnt ~ - Holdings by Investor Steven Zeigler Combined Account Portfolio CFP, CPA Period: 12/28/2010 Keystone Financial Management Created: 08/24/2011 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 717-697-7333 Paul S Kann Agreement Acct Name:TIMOTHY J KANN TTEE PAUL S KANN AGREEMENT OF TRUST U/A 7/21/95 456 RICH VALLEY RD CARLISLE PA 17015 Acct No:JH1545449 AcctType:Trust -Under Agreement Rep. No:KYQ Asset Name Ticker Asset Type Mgt:Name Quantity. Price ($) Value ($) AMERICAN FUNDS HIGH INCOME AHITX BONDS AMERICAN 3,905:71 11.23 43,861.11 TR A FUNDS DELAWARE TAX FREE DELIX BONDS DELAWARE 34,751.87 7.62 264,809.27 PENNSYLVANIA A INVESTMENTS HAMPTON TWP PA G.O BDS SER. BONDS 15,000.00 1.05 15,738.30 2002A 05.00000% 02/01/2025 HAMPTON TWP PA G.O BDS SER. BONDS 5,000.00 1.01 5,062.95 2002A 05.00000% 02/01/2025 INTEREST PROGRAM CASH 3,445.08 1.00 3,445.08 MONTGOMERY CNTY PA INDL DEV BONDS 10,000.00 0.90 8,951.70 AUTH RETIREMENTCMNTY REV ACTS 5.250% 11/15/28 B/E NUVEEN PA INVT QUALITY MUN F NQP BONDS 2,950:00 12.92 38,108.10 COM PENNSYLVANIA ST HIGHER EDL BONDS 25,000.00 1.04 25,881.75 FACS AUTHREV RFDG-TEMPLE UNIV-FIRST SER 5.000% 07/15/31 B/E PENNSYLVANIA ST HIGHER EDL 80NDS 10,000.00 0.97 9,746.00 FACS AUTHREV RFDG-TRUSTEES UNIV PA-SER C 4.500% 07/15/30 B/E PHILADELPHIA PA GAS WKS REV BONDS 20,000.00 1.03 20,556.00 THIRD SERS 5.125% 08/01/31 B/EDTD 06/01/01 PRF PLUM BORO PA SCH DIST GO BDS BONDS 15,000.00 0.97 14,553.15 SER. 04.50000% 09/15/2027 2005 A PRIME FUND CAPITAL RESERVES FPRXX CASH FIDELITY 66,368.63 1.00 66 368.63 CLASS FUNDS , SLM CORP EDNOTES BOOK ENTRY BONDS 25,000.00 0.67 16 667.00 5.75000% 03!15/2029 CALL , THE TAX-EXEMPT BOND FUND OF AFTEX BONDS AMERICAN 17,017.66 11.82 201 148.79 AMERICA-A FUNDS , UNION CNTY PA HOSP AUTH HOSP BONDS 25,000.00 0.81 20 274.00 REV HOSP 05.00000% 08/01/2034 , REV BDS EVANGELICAL CMNTY HOSP SER. 2004 VANGUARD ENERGY INV VGENX US STOCKS VANGUARD 371.41 64.07 23,796.24 FUNDS VANGUARD HEALTH CARE INV VGHCX US STOCKS VANGUARD 176.99 122.61 21,700.87 FUNDS VANGUARD LONG-TERM TAX- VWLTX BONDS VANGUARD 3,526.72 10.69 37 700.66 EXEMPT FUND FUNDS , Incomplete ii presented without accompanying disclosure pages Page 1 of 10 Investment Portfolio Summary Paul S Kann Agreement 456 Rich Valley Road 'KEYSTONE Carlisle, PA 17015 c i~ ar Financial iytanagemcnt ~1 w - Steven Zeigler Combined Account Portfolio CFP, CPA Period: 1 212 8/2 0 1 0 Keystone Financial Management Created: 08/24/2011 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 717-697-7333 Account Total: $838,369.60 Acct Name:THE PAUL S KANN TRUST 23 HENDEL LOOP CARLISLE PA 17015 US Acct No:S130022768 Account Total: Investor Total: Acct Type: Non-Qualified $0.00 $838,369.60 Incomplete if presented without accompanying disclosure pages Page 2 of 10 -~ ~,:. ,~' T~r'r. ~= Eris J. Kann Trust Agreement THIS AGREEiv1E~'T OF TRUST, made and entered into this a ~ ~ day of ~~~ 19°5 by and between ERIS J. KANN, of Cumberland County. Pennsylvania, as Grantor, hereinafter referred to as "Grantor", and ERIS J. KANN and PAUL S. KAIr>TT, as Trustees, hereinafter collectively referred to as "Trustee". WITNESSETH: WHEREAS, Grantor is the owner of certain assets more fully described in Schedule "A", attached hereto and made a part hereof; and WHEREAS, Grantor is desirous of declaring a Trust with respect to Grantor's property and, for this reasons. among others, is desirous of placing the active management and control of such property in the hands of Trustee. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed by and between the parties hereto as follows: ARTICLE I: Grantor, concurrently with or subsequent to the execution of this Agreement of Trust, will transfer and convey to Trustee the assets Iisted on Schedule "A", attached hereto and made a part hereof, which said assets are hereinafter referred to as the "Trust", receipt of which assets hereby is acknowledged by Trustee, and Trustee, in consideration thereof, agrees to hold and administer said assets and any additions thereto. as Trustee, IN TRUST NEVERTHELESS, for the following uses and purposes: (a) Trustee shall have, hold, manage, im•est and reinvest the same, collect the income and pay over the net income in quarterly installments to Grantor during Grantor's lifetime. (b) During the lifetime of Grantor, Trustee shall pay to Grantor such portion or all of the principal of the Trust as such, income beneficiary may from time to time request in writing. (c) Trustee may also expend so much of the principal of the Trust as, in its discretion, may be necessary and/or advisable to supplement all income of Grantor in order to provide support and maintenance, including medical, hospital, nursing and nursing home care for such beneficiary. (d) Upon the death of Grantor, Trustee shall pay over to the Executor of Grantor's estate so much of the principal as shall be required to pay all specific bequests provided in Grantor's tiVill and inheritance and estate taxes, funeral and administration costs which may be incurred with respect to Grantor's estate. Thereafter, Trustee shall. if Grantor predeceases Grantor's husband, PAUL S. KAHN. divide the remaining assets. proceeds from or on account of insurance policies received by reason of the death of Grantor, and any other assets and funds (hereinafter referred to as the "principal") into two (2) parts. each of which shall be held in Trust and constitute a separate Trust Fund, to be known as "Trust A" and `Trust B": "Trust A": There shall be placed in "Trust A" that fraction of the total principal of which the numerator shall be a sum equal to the largest amount that can pass tree of Federal estate tax by reason of the unified credit and the state death tax credit (provided that the. use of this credit does not require an increase in state death taxes) allowable. to Grantor's estate but no other credit and after taking account of property passing outside of this Agreement of Trust which does not qualify for the marital or charitable deduction and after taking account of charges to principal that are not allowed as deductions in computing Grantor's Federal estate tax. and of which the denominator shall be the value of the total principal. For purposes of establishing such fraction. the values finally fixed in the Federal estate tax proceeding relating to Grantor's estate shall be usad. Grantor recognizes that Pale 2 the numerator of such fraction may be zero (0), in which case no property shall pass under "Trust A" and that said numerator may be affected by the action of the Executor of Grantor's estate in exercising certain tax elections. "Trust B": The balance of the principal not placed in "Trust A" shall be placed in "Trust B". ARTICLE II: The following provisions shall apply to "Trust A": (a) Trustee shall, if Grantor predeceases Grantor's husband, PAUL S. K.4NN, make the following distributions: i) Trustee shall distribute the sum of FIFTY THOUS AND ($0,000} DOLLARS to Grantor's son, TIMOTHY P. KANN, if he sur<-fives Grantor; ii) Trustee shall distribute the sum of FIFTY THOUSAND (50,000) DOLLARS to Grantor's daughtf:r, JANELLE E. ELAN. if she ~ survives Grantor: ~ iii): Trustee shall distribute the sum of TEN THOUSAND (510.000) DOLLARS to each of Grantor's grandchildren living at the time of Grantors death: iv) Trustee shall distribute the sum of FIVE THOUSAND (5.000) DOLLARS to Grantor's foster child. JANE W. WICKARD, if she survives Grantor, provided that said sum shall not be derived from any real estate onwed by this Trust. Page 3 (b) Trustee shall pay the net income ari;>in~ from the remaining principal of this Trust in quarterly installments to Grantor's husband, PAUL S. K.~NN, during his lifetime. (c} Durin; the lifetime of Grantor's husband, Trustee shall pay to or for the benefit of Grantor's said husband so much of the principal of this Trust as may be necessary, in the sole discretion of Trustee for the proper support, maintenance and medical care of Grantor's husband. (d) Upon the death of Grantor's husband, or if Grantor's said husband should predecease Grantor, then upon Grantor's death, all of the remaining principal of this Trust and any accretions thereto and any accumulations of income not so distributed, and any gift made to a person that is deceased at the time of Grantor's death, shall be divided into two equal parts, one for my son, TItv10THY P. K~.NN, and one for my daughter, JANELLE E. EGAN. Trustee shall pay one of said shares each to TIMOTHY P. KA~~T and J ANELLE E. EGA\', if livin~7, and if not living„ his/her share shall be held as a separate Trust for the issue of each such deceased child, per stirpes. Grantors issue, for all provisions and Items of this Trust. shall include only Grantor's children. TIMOTHY P. KANN and JANELLE E. ELAN, or their issue. Grantor has specifically not provided for Grantor"s son. WILLIAM IVAN KAiV'N, because he is otherwise provided for as a beneficiary of a life insurance Trust Agreement dated November ~, 1976, amended Febniary 27, 1983, wherein Farmers Trust Company and Timothy P. Kann are co-trustees. Grantor does not intend to provide for foster children except to the extent of any specific bequest provided in ITEi`I II (a) (iv) above. (e) The Trustee shall further divide each Trust established for the benefit of the issue of a deceased child of Grantor into as many equal shares as there are then Iivin~T children of Grantor's deceased child and then deceased children of Grantor's deceased Page 4 child represented by then living issue. The Trustee shall hold one such share as a separate Trust for the benefit of each living grandchild of Grantor, and one such share as a separate Trust for the benefit of the issue of each such deceased grandchild of Grantor, per stirpes. (f) In each Trust thus established for a then living grandchild of Grantor, Trustee shall quarterly pay to or for the benefit of such Qrandchild all of the income and so much of the principal of said Trust, as, in the discretion of Trustee, may be necessary to maintain such Qrandchild in the proper station ir.; life, including proper support, maintenance, medical care and college or higher education. Upon such grandchild's attaining the age of twenty-five (2~) years, the Trustee shall pay to such grandchild one-third (1/3) of the then principal. Upon such grandchild's attaining the age of thirty (30) years, the Trustee shall pay to such grandchild one-half ('/) of the then principal. Upon such grandchild's attaining the age of thirty-five (35) years, the Trustee shall pay to such grandchild the balance of the then principal. Upon the death of such ;randchild during the continued existence of this Trust, all of the remaining assets in the trust shall continue to be held in Trust. The Trustee shall quarterly pay the net income from said Trust to or for the benefit of the issue of said grandchild, per stirpes, living at each time of quarterly distribution; as soon as any one of said issue attains the age of twenty-one (? 1) years, and in no event later than twenty (20) years following the death of Grantor's grandchild, Trustee shall pay over all of the then assets in the Trust to the then living issue of Grantor's deceased grandchild, per stirpes. Should such grandchild of Grantor diE; before final distribution and not be survived by then living issue, the provisions of subparagraph (g) herein shall obtain. (g) If at any time before final distribution of the assets of any of the Trusts established for issue of Grantor, there are no livin<_; beneficiaries of said Trust, the Trust shall terminate, and its assets shall be paid to Grantor's then living issue, per stirpes. Provided, that if there is then in existence any Trusts created under this Agreement for Page 5 the benefit of such issue, the assets which would have been distributed to such issue shall be added to the principal of such Trusts and shall be held, administered and distributed as provided herein. ARTICLE III: The followinv provisions shall apply to "Trust B": (a) Trustee shall have. hold, manage, invest and reinvest the assets of this Trust, collect the income and bevinninv at Grantor's death pay over the net income in quarterly installments to Grantor's husband, PAUL S. KANN, during his lifetime. Trustee shall also, from time to time, pay to Grantor's husband such amounts of principal of this Trust as Trustee deems necessary for the proper support, maintenance and medical care of Grantor's husband. (b) Upon the death of Grantor's husband. Trustee shall pay all accrued income and all income accumulated but undistributed to the estate of Grantor's deceased husband and shall thereafter transfer the then remaining principal of this Trust to "Trust A" to be held. administered and distributed in accordance with the provisions of ARTICLE II (d) of this Agreement of Trust. (c) If Grantor's husband should not survive Grantor, then the provisions of "Trust B" shall be void and the assets which would have constituted "Trust B" shall he added to "Trust A" to be disposed of in accordance with ARTICLE II (d) of this AC7reement of Trust. (d) Trustee shall be authorized in Trustee's sole, exclusive and unrestricted discretion to determine whether to elect (under Section 2056(b)(7) of the Internal Revenue Code of 19b6 as amended, or any corresponding provision of the Federal estate law), to quality all, none or a traction of "'Trust B" for the Federal estate tax marital deduction. The decision of Trustee with respect to the exercise of the election shall be final and conclusive upon all persons whose interests in Grantor's estate ur Page 6 this Agreement of Trust are directly or indirectly affected by the election. Only property which is fully eligible for the marital deduction under Federal estate tax law shall be assigned to this Trust. Notwithstanding anything to the contrary contained in this Agreement of Trust. Trustee of this Trust shall not retain beyond a reasonable time any property which may at any time be or become unproductive. nor shall they invest in unproductive property. Notwithstandin;? the provisions of subparagraph (b) of this Article, Trustee shall pay to the Executor of Grantor's husband's estate, out of the principal of this Trust upon the death of Grantor's husband, an amount equal to the estate, inheritance, transfer, succession and other death taxes ("death taxes"). Federal, state and other, payable by reason of the inclusion of the value of Trust property in Grantor's husband's estate. Such payment shall be equal to the amount by which (1) the total of such death taxes paid by Grantor's husband's estate exceeds (2) the total of such death taxes which would have been payable if the value of the Trust property had not been included in his estate. The determination by the Executor of Grantor's husband's estate of the amount payable hereunder shall be final. Grantor directs Trustee to pay such amount promptly upon written request of the Executor of Grantor's husband's estate. The final determination of the amount due hereunder shall be based upon the value as finally determined for Federal estate tax purposes in Grantor's husband's estate. After payment of the amount finally determined to be due hereunder. Trustee shall be discharged from any further liability with respect to such payment. Grantor's husband may waive her estate's right to payment under this j subparagraph by Will. executed after Grantor's death, in which he specifically refers to the right to payment hereunder given to his estate. ARTICLE IV: No part of the income or principal of the property held under these Trusts shall be subject to attachment. levy or seizure by any creditor, spouse. assignee or trustee or receiver in bankruptcy of any beneficiary prior to his or her actual receipt thereof. Trustee shall pay over the net income and the principal to the parties herein designated, as their interests may appear, without regard to any attempted anticipation, Page 7 pledgrng or assignment by any beneliciary under a Trust, and without regard to any claim thereto or attempted levy, attachment, seizure or other process against said beneliciary. ARTICLE V: The Trustee shall possess, among others, the following powers: (a) To vary or to retain investments. including the stock of any corporate Trustee named herein. when deemed desirable by Trustee, and to invest in such bonds. stocks, notes, real estate mortgages or securities ~~r in such other property, real or personal as Trustee shall deem wise, without being restricted to so-called "legal investments" and without being limited to any statute or rule of law regarding investments by fiduciaries. (b) In order to effect a division of the principal of a Trust or for any other purpose, including any final distribution of a Trust. Trustee is authorized to make said divisions or distributions of the personalty and realty. partly or wholly in kind. and to allocate specific assets among beneficiaries and 'Crusts created hereunder so long as the total market value of any share is not affected by such allocations. Should it appear desirable to partition any real estate, Trustee is authorized to make. join in and consummate partitions of lands, voluntarily or involuntarily, including giving of mutual deeds, recognizances, or other obligations with as wide powers as can be exercised by an individual owner in tee simple. (c) To sell either at public or private sale and upon such terms and conditions as Trustee may deem advantageous to a Trust, any or all real or personal estate or interests therein owned by a Trust severally ur in conjunction with other persons, and to consummate said sale or sales by sufficient deeds or other instruments to the purchaser or purchasers, conveying a fee simple title. tree and clear of all trust and without obligation or liability of the purchaser or purchasers to see to the application of the purchase money, or to make inquiry into the validity of said sale or sales; also. to make, execute, acknowledge and deliver any and all deeds. assignments. Pabe 8 options or other writings which may be necessar}~ or desirable in carrying out any of the powers conferred upon Trustee in this paragraph or elsewhere in this instrument. (d) To mortgage real estate, and to make leases of real estate. extending beyond the term of the Trusts hereunder. (e) To borrow money from any party, including Trustee. to pay indebtedness of a Trust and taxes, and to assign and pledge assets of a Trust therefor. Provided. however, that this paragraph shall not authorize borrowing from "Trust B". (t~ To pay all costs, taxes, expenses and charges in connection with the administration of a Trust, including a reasonable compensation to agents. If any estate or inheritance taxes are payable from assets received by Trustee, such taxes shall be paid from the assets constituting "Trust A". (~_) In the discretion of Trustee, to unite with other owners of similar property in carrying out any plans for the reorganization ot~ any corporation or i company whose securities form a part of a Trust. i (h) To vote any shares of stock which. form a part of a Trust. (I) To assign to and hold in trust an undivided portion of any asset. (j) To do all other acts in its judgment deemed necessary or desirable for the proper and advantageous management, investment and distribution of the Tnists. ARTICLE VI: Should Grantor's husband, PAUL S. KAHN by Last `Vitt and Testament or Agreement of Trust. establish Trusts similar to the Trusts herein established for the benefit of Grantor's issue. Trustee of each of said Trusts created in this Agreement Page 9 1_ shall have the right of merging it with the similar Trust for the same beneficiaries created by Grantor's husband and operating each of said merged Trusts as a single Trust. ARTICLE VII: Whenever and as often as any beneficiary hereunder, to whom payments of income or principal are herein directed to be made, shall be under legal disability, or in the sole judgment of Trustee, shall otherwise be unable to apply such payments to his own or her own best interests and advantages, Trustee may make all or any portion of such payments in any one or more of the following ways: (a) Directly to such beneficiary; (b) To the Legal Guardian or Conservator of such beneficiary: (~) To the Trustee, or to another person selected by the Trustee, as custodian under the Pennsylvania Uniform Transfers to Minors Act as to a beneficiary under the age of twenty-one (21) years: (d) To a relative of such beneficiary, to be expended by such relative for the benefit of such beneficiary; or (e) By itself ex ending ~ P same for the benefit ol~ said beneficiary. This provision shall not apply to "Trust B" I ARTICLE VIII: Any person who shall have died at the same time as Grantor, or under such circumstances that the. order of deaths cannot be established by proof. or within thirty (30) days of Grantor's death, shall be deemed to have predeceased him. Anv person (other than Grantor) who shall have died at the same time as any then recipient of income or under such circumstances that the order of deaths cannot be established by proof, shall be deemed to have predeceased such beneficiary. Page 10 .ARTICLE IX: Upan the death of the survivor of Trustees, or in the event of their inability or refusal to serve as Trustee, TIMOTHY J. KANN shall serve as successor Trustee. In the event of his death or the inability or refusal to serve as Trustee. JANELLE E. ELAN shall serve as Trustee. In the event of her death or the inability or refusal to serve as Trustee. FARMERS TRUST COMPAI`1Y shall serve as Trustee. IN WITNESS WHEREOF. ERIS J. KANN has hereunto offered his hand and seal as Grantor and PAUL S. KANN and ERIS J. KANN has offered their hands and seals as T all on the day and year first above written. rustee - ~~~~~ /~ -'yi (; ~ ~~ ~~~~~_ ~ ~ Witness ~, ` //~. %~/ ~;, ~ fitness !~/ % ~ / GRANTOR: =~ l' , / 1~~ Y ~ . ~- : ?-.-- (SEAL) ERIS J. KANN " ~. TRUSTEE: .'~~',>~~ -~-~ (SEAL) PAUL S. KANN Witness ERIS J. KANN ~` (SEAL) Page 11 \ ~ ~. i ~ L~ ~ ~ ~~ Eris J. Kann Trust Balance on Hand (12/28/10) Asset Value Keystone Financial Management Account #JH1545457 -See attached Investment Portfolio Summary. 820,860.45 John Hancock Life Insurance Company Annuity #5130022765 $101,541.93 TOTAL VALUE OF ASSETS $922,402.38 23769v1 Investment Portfolio Summary 05/04/2005-12/28/2010 Combined Account Portfolio Prepared For Eris J Paul S Kann 456 Rich Valley Road Carlisle, PA 17013 Prepared By Steven Zeigler CFP, CPA Keystone Financial Management 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 Investment Portfolio Summary Eris J Paul S Kann 456 Rich Valley Road Carlisle, PA 17013 Table of Contents Steven Zeigler CFP, CPA Keystone Financial Management 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 717-697-7333 Holdings by Investor ............ . . . . 1 Asset Allocation -Investment Objective ........ 3 Portfolio Summary ..................... . .... . 4 Portfolio Value and Benchmark ...... . ... . ..... 5 Gain/Loss by Investor .............. . ... . . . 7 Portfolio Snapshot (pie) ...................... g Disclosure .................................. 10 Combined Account Portfolio Created: 03/23/201 1 Incomplete if presented without accompanying disclosure pages Investment Portfolio Summary Eris J Paul S Kann 456 Rich Valley Road Carlisle, PA 17013 Steven Zeigler CFP, CPA Keystone Financial Management 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 717-697-7333 Combined Account Portfolio Period: 12/28/2010 Created: 03/23/201 1 Holdings by Investor Eris J Paul S Kann Acct Name:ERIS J & PAUL S KANN TTEE ERIS J KANN AGREEMENT OF TRUST U/A 7/21/95 FBO ERIS J KANN 456 RICH VALLEY RD CARLISLE PA 17013 Acct No:JH1545457 Rep. No:KYO Acct Type: Trust -Under Agreement .;;,, , Asset Name ~ Tlcker ~. • .., ;. ~, ..,~ ~° gsset T ~~ e YP ` ,Mgt Name: . . ~ ~ . ..: AMERICAN FUNDS HIGH IN%OME AHITX . ......:::. BONDS . ~ Quantity Price ($~ ~ Value ($ a ;TR A AMERICAN FUNDS 3,905.71 11.23: 43,861;11 DELAWAREI"AXFREE DELIX PENNSYLVANIAA BONDS DELAWARE 24 003 51 INVESTMENTS , . 7ig2 182,906.78 HAMPTON"TWP•PA'G.O"BDS SER. ` BONDS 2002A 05.00000"/0 02/01/2025: - 15,000:00• 05 1 . 15,738;30 HAMPTON TWP PA G.O BDSSER • • 2002A 05.00000% 02/01/2025. BONDS 5,000.00 1 01 . 5,062.95 INTEREST.PROGRAM CASH ` KISKI PA AREA SCH DIST GO BDS 679:92 ._;1:00 679:92 SER: 04:80000% 03/01/2028 2003 BONDS 50,000.00 0 97 . 48,573.00 LORD ABBETT SEGTR-INTL OPP'C LINCX NON-US STOCKS L'ORD;~ABBETT & CO 1;179:39 12:46 14;695:14 MONTGOMERYCNTY'PA INDL.DEV BONDS ''' 1 •AUTH RETIREMENT CMNTY REV'ACTS '5.250% 11/15/28 - 10,000.00 0.90 8,951.70 i37E".: .. ,.. .. -... NUVEEN PA INVT QUALITY•MUN•F NOP COM` BONDS .. .. _. ~ ~ _ ~ '""`' '~- ;. . ._ ~ •2,150.00 12.92 .. _ 27;773.70 PENNSYLVANIA ST HIGHER EDL FACS AUTHREV RFDG-TEMPLE BONDS ' 25 UNIV-FIRST SER 5.000% ,000.00 1.04 25,881.75 07/15/31 B/E PENNSYLVANIA ST HIGHER`EDL FACS`AUTHREV RFDG-TRUSTEES BONDS 10 UNIV PA-SER C . _:..'4:500%07/15/30 ;000:00 '0:97 '9;746:00 B/E _. _ PENNSYLVANIA ST TPK COMMN OIL FRANCHISE TAX REV -SERB BONDS 35 000:00 1 4:250%'12/01/27 B/EDTD 08/01/98 , .00 35,014.70 CLB PHILADELPHIA.PA GAS WKS REV ' THIRD-:SERB 5.1"25%.08/01/31 B/EDTD 06/01701. PRF BONDS - - '20;000;00 1,03 20,556;00 PLUM BORO PA SCH DIST GO BDS SER. 04 50000% 09/15/2027 2005 A BONDS 15,000.00 0 97 . 14;553.15 PRIME'FUND CAPITAL"RESERVES FPRXX CASH ' CLASS: FIDELITY 'FUNDS 94,594.04 1.00 94,594.04 5LM CORP EDNOTES BOOK ENTRY 5.75000% 03/15/2029 CALL BONDS 25,000.00 0 67 . 16,667,00 SOUTH FORK MUN AUTH PA HOSP REV RFDG-CONEMAUGH VLY MEM HOSP-SERB 5.000% BBONDS' 10,000.00 0.87 8;700.40 07/01/28 B/E _. , ,. THE TAX-EXEMPT BOND FUND OF AFTEX AMERICA-A BONDS AMERICAN FUNDS 15,185.73 11.82 179,495.32 __ __ _- _ -_ _ __ Incomplete i( presented without accompanying disclosure pages _. Page 1 of 10 Investment Portfolio Summary Eris J Paul S Kann 456 Rich Valley Road Carlisle, PA 17013 Steven Zeigler CFP, CPA Keystone Financial Management 4909 Louise Dr, Ste 104 Mechanicsburg, PA 17055 717-697-7333 Combined Account Portfolio Period: 12/28/2010 Created: 03/23/2011 -:; ~~ Asset Name ~ " ' Tlcker,Y ..., .. _ Asset T e `~ YP .UNION CNTY PA HOSP RUTH HOSP REV HOSP 05.00000°/ 08/01/2034 ,'; IMgt. Name ~, ~ ~~ BONDS - Quantity" ~ Pnce ~( $) " ~~~ ~ " Value ($) . REV:BDS E-VANGELICAL CMNTY sHOSP"SER.2004 8 25 000.00 0. 20,274:00 VANGUARD PRIMECAP INV VPMCX US STOCKS 718:31 65;62 47;135:50 Account Total: $820,860.45 Investor Total: $820,860.45 Incomplete if presented without accompanying disclosure pagos Page 2 of 10 ~ ~ ., ~ ~~ ~n Life Insurance Company -'~ Annuitant ERIS J. KANN Annuit No. ,, J Single Premium $159,398.50 Amount of~ Each Annuity Payment Date of Issue DECEMBER 18, 2007 Is A Payment first sue ge 84 Payment Interval ANNUITY PAYMENTS FOR GUARANTEED PERIOD OF 10 YEARS AND THEREAFTER DURIN ' Single Payment I G ANNUITANT S LIFETIME nterest Rate ,l Individual Annuity i~. .- / John Hancock Place Boston, Massachusetts S130022765 /~r~~ $1,431.40 JANUARY 18, 2008 MONTHLY N/A The John Hancock Life Insurance Company agrees, subject to the conditions and provisions of this contract, to pay the Annuity Payments at its Home Office in Boston, Massachusetts. We also agree to provide the other Benefits, Rights and Privileges of the contract. The Annuity Payments will be made to the Annuitant, until otherwise directed by the Owner. They will begin on the Date of First Payment if the Annuitant is then living, They will continue at and for each Payment Interval as long as the Annuitant lives. A Single Payment will be made to the Beneficiary on receipt at our Home Office of due proof of the Annuitant's death. This death must take place before the date the last payment of the Guaranteed Period is payable. The Single Payment shall be the payments left to be paid for the rest of the Guaranteed Period. They will be ~~ discounted on the basis of interest at the Single Payment Interest Rate to the beginning of the contract month in which the Annuitant dies. The contract is issued in consideration of: (a) the application; and (b) the payment of the Single Premium. The conditions and provisions on this and the following pages are part of the contract. 10 Day Right to Cancel -This contract may be returned by delivering or mailing it within 10 days after its receipt to the Company at Boston, Massachusetts, or to the agent or agency office through which it was delivered. Immediately on such delivery or mailing, the contract shall be deemed void from the beginning. Any premium paid on it will then be refunded within 10 days. Signed for the Company at Boston, Massachusetts. ~-~-~ President .,!{<~~ ~'i. , Secretary Single Premium Life Annuity -Annuity Payments for specified Guaranteed Period and thereafter during Annuitant's lifetime Discounted value of unpaid Annuity Payments for balance of Guaranteed Period payable upon death of Annuitant before end of Guaranteed Period No dividends payable Form 78-56M ti r. ~. _. ~' S130022765 V~DUAL ANNUITY ~PpL~C4T~ON See reverse for instructions. my questions regarding your annu A a ~~ ~Y pleas., call: 1-Bpp-334-4437 ~~, Please print Make cheek payable to ~, John Hancock Life Insurance Company or ~~ John Hancock variable Life Insurance Company, Boston, Mq 02177 ~i Please select: John Hancock Life Insurance Company D Jahn Hancock Variable Life Insurance Company ~ 1 CONTRACT TYPE Deferred: D Variable •, tmmediale: ^ Variable: Benchmark: D 3.5°io 0 5.0% D Flxed - 1 Year Initial Interest Guarantee Perlod ^ Fixed - 3 Year Initial Irnortsst Guarantee Period `~ 2 INITIAL PREMIUMS 158,000. Fined "' Request for Premium Natfee6: Amount S o-, Dlrcct Premium Payment (ADD Program) ~ Ann- :] Semiannual ^ Qtly D Other ' Please stapre I authorize John NancoeY, to Uegin making automatic monthly wilhdrawals Irom m ~.. ~ ! Y~++r ~oidpd j fndleated. I understand that this authorization does not afteet the terrtts of m y account ai the ~ancial institution ~- Check hore_-- ; y annuity contract. ! (Special tax rules apply to IRA contributions.) '`' $ q Monthly Amount O Finanaal tn~titution 1~ 3 ANNURANT Account Numbor Name: Eris J• Kann 06/06/1923 Residence: Street 23 Mendel Loop Date of Birth ^ Male Cariis(e PA 17015 193-12-8690 'Female City State Zip , Social Security No. Telephone No. (717) 243-x797 Q OWNER (IF OTHEF THAN ANNURANT) (rr Jc;nt ownors. see instnclions for Bor •} Marne: Eris J. Kann Trust Residence: Street 23 Handel Loop Date of Birth ~ Male ^ Female Ci Carlisle PA Boatel Security No. ry State Zlp 77p-IS or Tax I,D. No. I Z l 'L- ~'(q o Telephone No. (717)243-4797 _ ~ 5 BENEFICIARY AND RELATIQNSHIP TO ANNUITANT; The Eris J. Kann Trust, dated July 2'i, X995, Eris J. Kann and Paul S- Kann Tru StCCS 6 TNJS ANNU{TY IS 8llNG APPLIED FOR AS: (CHECK ONE) rd Nort-Qualified ^ IRA Rollover ^ SEP ~ IRA - p IRA Transfer ^ SARSEP 7 DRfllnc~n.~n~ ~ __----_-- 0 4o3(b) O Praflt Sharing Plan 0 Pension Plan ^ 407 (k) D Deferred Cornp. Public Empbyaes The Provisional Date of Maturity is the aont~a E aRni~ve~sar)r nre~~st the AnnuifanYs; Q 85th birthday (NOn•QualiFied) ~- - O loth birthday (Qualified) A lAllt t t^uc nu.rr~n~.. ~,., (Other aae N/A ~•~• ~ ~ rv-r~tcu ruts ittt'LgCE OR CHANGE ANY EXISTWG 4NNUTFY OR LIFE IHSIIRANCE'? Yes It yes, indicate: ^ No If no, indicate source of money Is uer Nationwide Financial 1035 exchange (Please submit cost basis infprmation.) Contrail Type NQ Ann-Ujty ~ntracl No. Q 1-58159 9 Pt FACC ccun nr~,~,-..r..~.. _.._ _ _ _ -----..~..••. v•••~unu~cJ Hntu IYUIIGES T0: O AnnuitantOwner ^ Other' Form t~'ANtv-9BAA -If other, please indicate name and address: fro? ,_, _. ~ 0 INVESTMENT OPTIONS (i~R VARIABLE ANNUITIES) o Please use whole percentages. Total .100°~6 No more than 10 investment options maybe selected at one lima ~' FiXt3d Income _._._ Active Bond Fund (John Hancock) , Co r % Large Gap Value Fund (T_ Rowe Price~a D ____ /° Bond Index Fund (Standish Mellon) °o Managed Fund (Independence/Capital~uartllan) 9'° Globe! Bond Fund (Capital Guardian) Ni ~ % Mid Cap Growth Fund (Wellington) ~ % Mid Cat: Value B Fund Cr Rowe Price) J gh Yeld Bond Fund (Wellington) __ % 5mal! Cap Emorging Growth Fund (4N6tl~gton) .,, % Money Market Fund (Wellington) ._ °~ Short-Term Bond Fund {independence) International /Global Equity ___._ % Overseas Equity B Fund (Capital Guardian) Domestic Equity _ /° International Equity Index Fund (IndepBridence) Earnings Growth Fund (Fidelity) ,._. V, 96 Equity Index Fund (SSgA) Bettor 96 Fundamental Value Fund (Wellington) _____ % Real Estate Equity Fund (RREI=F/Van dampen) Growth ik Income Fund (Independence) F,. Large Cap Growth Fund (Independence) ~"'' ti~ ~ y SUITA9IL17Y (FOR AEL aNivutTY caxrRACTS) `~' Estimated Household Annual Income $100.000. 8A ~ Age Federal Tax flracket 15 % No_ ot~ependents Estimated I-tousahold Not Worih (exc/udfng Nome, Auto, Furnishungs) $4,0.000. OccupatioNEmployer Retired Employer Address Are you associated with another NASD Momber Firm? Q Y®s (~No Firm Investment experience: Do you own Mutual Funds? Yes D No Individual StocksJEonds Yes ^ No Annuities J~Yes ^ No CDs/Money Market Accounts Yes ^ No Other D Yes ^ No Specify Do you understand that the Variable Annuity accumulated values and annuity payments: may increase or decrease depending on market conditions? D Yes O No Investment Objective; ~ Safety of Principal ^ Growth and income ^ Growth D Aggre°°ive Growth O Other (specify) 12 PAYMENT OPTION (FOR IMMEDIATE NVNURIES) Option: Life income/10 Years Guaranteed Payment Interval: D Annual ^ Setniannuel ^ puarleN First payment date is one Interval from the Qate of Issue unless otherwise indicated; ,_, Y Monthly If a Joint and survivor option is requosled, please provide Joint Annuitant information belrnv; Name: Date of 6inh O Malo ^ Female Social Security No, Residence: Stree! Clty State Zip 13 SPECIAL REQUEST The following applies to each ofi the undorslgnod: To the best of my knowledg® and belief, the statements in this application are true and complete. The annuity contract will take effect as o1 its date of Issue it each annuitant is living on that date and the ret7uired mintmum premium has been made. Any check tendered is received subject to collection only i (wail have discussed the material information in me prospectus, InGuding charges and expenses, with my representative and t (we) agree with the recommendation to purchase this product. If this application is for a variabl® annuity contract, I understand valut3s and annuity payments which are based upon Investment exparienco of a separate account are variable and not guarantt~d as to dollar amount. O Check If you wish a statement of additional infer lion. Signature •/ , Apatieantlal ~ ~~,._ , ~ MnullaRl, A 01 Bn ppli:.ant Joint Annuiemnl, Ir any (ImrncCi3lg gnnuiti~ Dory) signed at r~ Y c_.b.~.- r ~ . d ~-+. 1° A- j (! ( 4 ~0'7 City an0 State Date Agent (Reg. Rep.) SiynpluRf Agent: Is the annuity applied tpr Intended to replace or change any existing annuity or life insurance? Agenry keystone Financial Management -~-Yes O No 62352 ORD CODE agent veyrai Mo. Name Steven M. Zeigler OAConbac~ Coee Apen~ S,y 175-48061 agent Parrott N°, NatnE OA Con7ACt Cede Agem SS4__ NASD Principal Approval C~ L~~'gY pate !! r~/ 07