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HomeMy WebLinkAbout12-4178INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SNYDER' S ROSE PROJECT, LP, SNYDER'S ROSE PROJECT, LLC, SNYDER'S MUSSER PROJECT, LP, SNYDER'S MUSSER PROJECT, LLC, SNYDER'S BRUBAKER PROJECT, LP, SNYDER'S BRUBAKER PROJECT, LLC, RICHARD J. SNYDER, and CAROLE B. SNYDER, Defendants No. Id-91 /r U0 :3 c a ., A : CIVIL ACTION -LAW CONFESSION OF JUDGMENT ($370,036.00 Loan) Pursuant to the authority contained in the Note attached as Exhibit A to the Complaint and pursuant to the authority contained in the Guarantees attached as Exhibit B to the Complaint filed in the above captioned case, we appear for Defendants Snyder's Rose Project, LP, Snyder's Rose Project, LLC, Snyder's Musser Project, LP, Snyder's Musser Project, LLC, Snyder's Brubaker Project, LP, Snyder's Musser Brubaker Project, LLC, Richard J. Snyder and Carole B. Snyder, jointly and severally, and confess judgment in favor of Plaintiff Integrity Bank, and against Defendants, as follows: Principal $355,205.64 Interest 4,592.10 Late Fees 119.03 Satisfaction Fees 216.00 Attorney's Fees (10%) 35,979.77 Total: $396,112.54* *along with interest accruing at the per diem rate of $41.93 from June 18, 2012, until paid in full, plus costs. oxk -7-7 S le McNEES WALLACE & NURICK LLC Date: July 3, 2012 By Nedric L. Nissly PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnisslygmwn.com Attorneys for Plaintiff Integrity Bank Nedric L. Nissly PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-1731 (Direct Fax) (717) 232-8000 (Phone) nnissly(a-),mwn.com Attorneys for Plaintiff Integrity Bank INTEGRITY BANK, Plaintiff v. r- M ; Q MK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 1c-- /7b SNYDER' S ROSE PROJECT, LP, SNYDER'S ROSE PROJECT, LLC, SNYDER'S MUSSER PROJECT, LP, SNYDER'S MUSSER PROJECT, LLC, SNYDER'S BRUBAKER PROJECT, LP, SNYDER' S BRUBAKER PROJECT, LLC, RICHARD J. SNYDER, and CAROLE B. SNYDER, Defendants CIVIL ACTION -LAW COMPLAINT FOR CONFESSION OF JUDGMENT ($370,036.00 Loan) Plaintiff Integrity Bank, by and through its undersigned counsel, hereby files this Comp for Confession of Judgment pursuant to Pa.R.C.P. No. 2951(b) and in support thereof avers the following: 1. Plaintiff Integrity Bank (the "Bank") is a Pennsylvania banking institution business at 3345 Market Street, Camp Hill, Pennsylvania 17011. 2. Defendant Snyder's Rose Project, LP, is a Pennsylvania limited partnership having address at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 3. Defendant Snyder's Rose Project, LLC, is a Pennsylvania limited liability having an address at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 4. Defendant Snyder's Musser Project, LP, is a Pennsylvania limited partnership hav?ng an address at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 5. Defendant Snyder's Musser Project, LLC, is a Pennsylvania limited liabi ity company having an address at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 6. Defendant Snyder's Brubaker Project, LP, is a Pennsylvania limited partners ip having an address at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 7. Defendant Snyder's Brubaker Project, LLC, is a Pennsylvania limited liabi ity company having an address at 119 West Lancaster Avenue, Shillington, Pennsylvania 19607. 8. Defendants Richard J. Snyder and Carole B. Snyder are adult individuals who res de at 100 Knipe Lane, Reading, Pennsylvania 19607-9440. 9. On May 19, 2011, Defendants Richard J. Snyder and Carole B. Snyder, (he "Borrowers") borrowed from the Bank the sum of $370,036.00 (the "Loan") for a business purpose as evidenced by a Promissory Note (the "Note") dated of even date with the Loan, executed and delivered by Borrowers in favor of the Bank. Attached hereto as Exhibit A and incorporated her em by reference is a true and correct copy of the Note. 10. The indebtedness evidenced by the Note is guaranteed by Defendants Snyder's R se Project, LP, and Snyder's Rose Project, LLC, Snyder's Musser Project, LP, Snyder's Musser Project, LLC, Snyder's Brubaker Project, LP, Snyder's Brubaker Project, LLC (the "Guarantors") pursuant to a Guaranty and Suretyship Agreements (the "Guarantees") executed by Guarantors in favor of he Bank. Attached hereto as Exhibit B and incorporated herein by reference is a true and correct copy of the Guarantees. 11. Borrowers have defaulted under the Note by failing to make payments when due thereunder for a period in excess of 80 days. 12. The Note provides that the Bank may confess judgment against the Borrowers afte a default thereunder for the entire principal balance due and owing under the Loan along with accr d interest, late fees, costs of suit and an attorney's commission of 10% of the unpaid principal balance and accrued interest. 13. Each of the Guarantees provides that the Bank may confess judgment against Guarantors , respectively, any time after the amounts thereunder become due for the entire balance due and owing under the Loan along with accrued interest, late fees, costs of suit and attorney's commission of 10% of the unpaid principal balance and accrued interest. 14. The total amount due and owing under the Note and the Guarantees as of June l 2012, is itemized as follows: Principal $355,205.64 Interest 4,592.10 Late Fees 119.03 Satisfaction Fees 216.00 Attorney's Fees (10%) 35,979.77 Total: $396,112.54* *along with interest accruing at the per diem rate of $41.93 from June 18, 2012, until paid in full, plus costs. 15. All conditions precedent have been satisfied to allow the Bank to confess against the Borrower under the Note and against the Guarantors under the Guarantees. 16. The Bank is the holder of the Note and the Guarantees. 17. The Note and the Guarantees were executed and delivered in connection business transaction and judgment is not being entered by confession against a natural person connection with a consumer credit transaction. 18. Judgment has not been confessed or entered under the Note or the Guarantees in other jurisdiction. 19,. The 10% attorney's fee commission included in the confessed judgment is 8, a under the Note and the Guarantees is being used to calculate a sum certain for purposes of judgment; however, the Bank will only seek and recover its actual and reasonable attorney's fees costs in this matter. WHEREFORE, Plaintiff Integrity Bank hereby requests this Court to enter judgment by confession against the Defendants, Snyder's Rose Project, LP, Snyder's Rose Project, LLC, Snyde Musser Project, LP, Snyder's Musser Project, LLC, Snyder's Brubaker Project, LP, Snyder's Mus Brubaker Project, LLC, Richard J. Snyder and Carole B. Snyder, jointly and severally, in the amol of $396,112.54 along with interest from and following June 18, 2012 at the per diem rate of $41.9: until paid in full, plus costs. McNEES WALLACE & NURICK LLC Date: July 3, 2012 By edric L. Ni PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnissly a,mwn.com Attorneys for Plaintiff Integrity Bank I, Gary G. Klick, Vice President of Integrity Bank, verify that I am suthorized to make this verification on behalf of Integrity Bank, and that the facts contained in the foregoing Complaint for Confession of Judgment are true and correct to the best of my knowledge, information and belief and that the same are made subject to the penalties of 18 Pa. C.S.A. ¢ 4904 relating to unworn falsification to authorities. ??o Gary G. PROMISSORY NOTE $370,036 May 19, FOR VALUE RECEIVED, RICHARD J. SNYDER and CAROLE B. SNYDER, husba d and wife, adult individuals (collectively, "Borrower"), who reside at 100 Looking Glass La e, Reading, PA 19607-9440, promise to pay to the order of INTEGRITY BANK, a Pennsyiva is banking institution, its successors and assigns (the "Bank"), in lawful money of the United States of America in immediately available funds at its offices located at 3345 Market Stre t, Camp Hill, Pennsylvania 17011, or at such other location as the holder of this Promissory N e (this "Note") may designate from time to time, the principal sum of Three Hundred Sever ty Thousand Thirty Six Dollars ($370,036), together with interest accruing on the outstandi g principal balance from the date hereof, as provided below: 1. Ratg of Interest. Amounts outstanding under this Note will bear interest at a floating annual rate equal to the Prime Rate I?us one percent (1.00%) (the "Floating Rate"). Interest will be calculated on the basis of a year of 360 days for the actual number of days in each interest period. The "Prime Rate" means the rate published from time to time as tlie "prime rate" in the Money Rates table of The Waff Street JoumaL The Prime Rate does not necessarily reflect the lowest rate of interest actually charged by the Bank to any particular class or category of customers. If and when the Prime Rate changes, the Floating Rate will chan e automatically without notice to the Borrower, effective on the date of any such change. In o event will the rate of interest hereunder exceed the maximum rate allowed by law. 2. Payment Terms, a. Commencing on June 30, 2011 and continuing on the same day of month thereafter, monthly payments of interest only shall be due and payable at the Flc Rate. b. Any unpaid principal together with interest thereon if not sooner shall be due and payable on April 30, 2012 (the "Maturity Date"). If any payment under this Note shall become due on a Saturday, Sunday or public holiday unc the laws of the Commonwealth of Pennsylvania, such payment shall be made on the ne succeeding business day and such extension of time shall be included in computing interest connection with such payment. From and after the occurrence of an Event of Default ( hereinafter defined) the Borrower hereby authorizes the Bank to charge the Borrower's depo account at the Bank for any payment when due. Payments received will be applied to charge fees and expenses (including attorneys' fees), accrued interest and principal in any order tl Bank may choose, in its sole discretion. 3. Late Payments; Default Rate. If the Borrower fails to make any payment principal, interest or other amount coming due pursuant to the provisions of this Note within t (10) calendar days of the date due and payable, the Borrower also shall pay to the Bank a la charge equal to five percent (5.00%) of the amount of such payment (the "Late Charge Such ten (10) day period shall not be construed in any way to extend the due date of any su payment. Upon maturity, whether by acceleration, demand or otherwise, and at the Banl option upon the occurrence of any Event of Default (as hereinafter defined) and during t (A2431274:1} continuance thereof, this Note shall bear interest at a rate per annum (based on a year of 360 days and actual days elapsed) which shall be three percent (3.00%) in excess of e interest rate in effect from time to time under this Note but not more than the maximum rate allowed by law (the "Default Rate"). The Default Rate shall continue to apply whether or of judgment shall be entered on this Note. Both the Late Charge and the Default Rate re imposed as liquidated damages for the purpose of defraying the Bank's expenses incident to the handling of delinquent payments, but are in addition to, and not in lieu of, the Ban s exercise of any rights and remedies hereunder, under the other Loan Documents or un er applicable law, and any fees and expenses of any agents or attorneys which the Bank y employ. In addition, the Default Rate reflects the increased credit risk to the Bank of carryin a loan that is in default. The Borrower agrees that the Late Charge and Default Rate re reasonable forecasts of just compensation for anticipated and actual harm incurred by the Bank, and that the actual harm incurred by the Bank cannot be estimated with certainty and without difficulty. 4. Non&evotvlnsr Line of Credit This Note evidences a straight non-revolvi line of credit. Once the total amount of principal has been advanced, Borrower is not entitled further advances on the Loan. 6. Prepayment. The Loan may be prepaid in whole or in part at any time with ui any prepayment fee. 6. Qther Loan Documents. This Note (among other obligations) is guaranteed by certain Guaranty and Suretyship Agreements of even date by Snyder's Rose Project, Snyder's Rose Project, LLC, Snyder's Brubaker Project, LP, Snyder's Brubacker Project, LL , Snyder's Musser Project, LP, Snyder's Musser Project, LLC and is secured by the prope y described in a certain Open-End Mortgages of even date herewith by Snyder's Rose Proje , LP, Snyder's Brubaker Project, LP, and Snyder's Musser Project, LP, in favor of Bank, and y such other security as previously may have been or may in the future be granted to the Bank to secure or guaranty payment of this Note. 7. Events of Default. The occurrence of any of the following events will be deemed to be an "Event of Default" under this Note: (i) the nonpayment of any princip I, interest or other indebtedness under this Note for a period of ten (10) days following the date n which such principal, Interest or other payment was due; (ii) the occurrence of any event of default or default and the lapse of any notice or cure period under any Loan Document or a y other debt, liability or obligation of Borrower to the Bank, or of any Obligor in connection h Borrower's Obligations to the Bank; (iii) the filing by or against any Obligor of any proceeding in bankruptcy, receivership, insolvency, reorganization, liquidation, conservatorship or simil r proceeding (and, in the case of any such proceeding instituted against any Obligor, such proceeding is not dismissed or stayed within sixty (60) days of the commencement thereo ; (iv) any assignment by any Obligor for the benefit of creditors, or any levy, gamishme it, attachment or similar proceeding is instituted against any property of any Obligor held by r deposited with the Bank; (v) a default with respect to any other indebtedness of any Obligor r borrowed money in excess of $50,000, if the effect of such default is to cause or permit t e acceleration of such debt; (vi) the commencement of any foreclosure or forfeiture proceedin , execution or attachment against any collateral securing the obligations of any Obligor to e Bank; (vii) the entry of a final judgment against any Obligor in excess of $50,000 and the failu e of such Obligor to discharge the judgment or otherwise bond off any judgment lien resuti g therefrom within thirty (30) days of the entry thereof, (viii) any material adverse change in a y Obligor's business, assets, operations, financial condition or results of operations; (ix) a y W431274:1) 2 Obligor ceases doing business as a going concern; (x) the revocation or attempted revocatic in whole or in part, of any guarantee by any Guarantor, (xi) the death or legal incompetency any individual Obligor; (xii) any representation or warranty made by any Obligor to the Bank any Loan Document, or any other documents now or in the future evidencing or securing t obligations of any Obligor to the Bank, proves to be false, erroneous or misleading in a material respect as of the date made; or (xiii) any Obligor's failure to observe or perform a covenant or other agreement with the Bank contained in any Loan Document or any Ott documents now or in the future evidencing or securing the obligations of any Obligor to t Bank. As used herein, the term "Obligor" means the Borrower and the Guarantor, and t term "Guarantor" means any guarantor of the Borrower's obligations to the Bank existing the date of this Note or thereafter. Upon the occurrence of an Event of Default: (a) the Bank shall be under no furl obligation to make advances hereunder, (b) if an Event of Default specified in clause (iii) or above shall occur, the outstanding principal balance and accrued interest hereunder togel with any additional amounts payable hereunder shall be immediately due and payable with demand or notice of any kind; (c) if any other Event of Default shall occur, the outstanc principal balance and accrued interest hereunder together with any additional amounts pays hereunder, at the Bank's option and without demand or notice of any kind, may be accelere and become immediately due and payable; (d) at the Bank's option, this Note will bear inter at the Default Rate from the date of the occurrence of the Event of Default; and (e) the B may exercise from time to time any of the rights and remedies available under the L Documents or under applicable law. 8. Power to Confess Judgmenl? The Borrower hereby empowers any attorn of any court of record, after the occurrence of any Event of Default hereunder, to appe for the Borrower and, with or without complaint filed, confess judgment, or a series judgments, against the Borrower in favor of the Bank or any holder hereof for the enti principal balance of this Note, all accrued interest and all other amounts due hereund or under any of the other Loan Documents, together with costs of suit and an attorney commission of the greater of 5% of such principal and interest or $5,000 added as reasonable attorney's fee, and for doing so, this Note or a copy verified by affidavit shi be a sufficient warrant. The Borrower hereby forever waives and releases all errors said proceedings and all rights of appeal and all relief from any and all appreisemei stay or exemption laws of any state now in force or hereafter enacted. Interest on ti principal balance portion of the judgment shall accrue at the Default Rate. No single exercise of the foregoing power to confess judgment, or a series judgments, shall be deemed to exhaust the power, whether or not any such exert shall be held by any court to be Invalid, voidable, or void, but the power shall contir undiminished and it may be exercised from time to time as often as the Bank shall all until such time as the Bank shall have received payment In full of the debt, interest a costs. Notwithstanding the attorney's commission provided for in the precedi paragraph (which is included in the warrant for purposes of establishing a sum certai the amount of attorneys' fees that the Bank may recover from the Borrower shall r exceed the actual attorneys' fees incurred by the Bank. 9. Riaht of Setoff. In addition to all liens upon and rights of setoff against Borrower's money, securities or other property given to the Bank by law, the Bank shall hi with respect to the Borrower's obligations to the Bank under this Note and to the ex permitted by law, a contractual possessory security interest in and a contractual right of si n, in s a ll {A2431274:1} 3 against, and the Borrower hereby assigns, conveys, delivers, pledges and transfers to the Bar k all of the Borrower's right, title and interest in and to, all of the Borrower's deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or n transit to, the Bank, whether held in a general or special account or deposit, whether held join y with someone else, or whether held for safekeeping or otherwise, excluding, however, all i , Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Borrower following the occurrence of an Event of Defau t. Every such right of setoff shall be deemed to have been exercised immediately upon t e occurrence of an Event of Default hereunder without any action of the Bank, although the Bar k may enter such setoff on its books and records at a later time. 10. Miscellaneous. Al notices, demands, requests, consents, approvals and oth r communications required or permitted hereunder must be in writing (except as may be afire d otherwise above with respect to borrowing requests) and will be effective upon receipt. Such notices and other communications may be hand-delivered, sent by facsimile transmission wi confirmation of delivery and a copy sent by first-class mail, or sent by nationally recogniz d overnight courier service, to the addresses for the Bank and the Borrower set forth above or o such other address as either may give to the other in writing for such purpose. No delay or omission on the Bank's part to exercise any right or power arising hereunder will impair a y such right or power or be considered a waiver of any such right or power, nor will the Ban s action or inaction impair any such right or power. No modification, amendment or waiver of a y provision of this Note or consent to any departure by the Borrower therefrom will be effect' e unless made in a writing signed by the Bank. The Borrower agrees to pay on demand, to t e extent permitted by law, all costs and expenses incurred by the Bank in the enforcement of i s rights in this Note and in any security therefor, including without limitation reasonable fees a d expenses of the Bank's counsel. If any provision of this Note is found to be invalid by a cou , all the other provisions of this Note will remain in full force and effect. The Borrower and it other makers and indorsers of this Note hereby forever waive presentment, protest, notice f dishonor and notice of non-payment. This Note shall bind the Borrower and their heir , personal representatives, successors and assigns, and the benefits hereof shall inure to t e benefit of the Bank and its successors and assigns; provided, however, that the Borrower m y not assign this Note in whole or in part without the Bank's written consent and the Bank at a y time may assign this Note in whole or in part. The obligations of the persons executing th s Note shall be joint and several. This Note has been delivered to and accepted by the Bank and will be deemed to e made in the Commonwealth of Pennsylvania.. THIS NOTE WILL 13E INTERPRETED AND THE RIG AND LIABILITIES OF THE BANK AND THE BORROWER DETERMINED IN ACCORDANCE WITH THE LAWS F COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Borrow r hereby irrevocably consents to the exclusive jurisdiction of the Court of Common Pleas f Cumberland County, Pennsylvania; provided that nothing contained in this Note will prevent t Bank from bringing any action, enforcing any award or judgment or exercising any rights again t the Borrower individually, against any security or against any property of the Borrower with any other county, state or other foreign or domestic jurisdiction. The Borrower acknowledg and agrees that the venue provided above is the most convenient forum for both the Bank an the Borrower. The Borrower waives any objection to venue and any objection based on a more convenient forum in any action instituted under this Note. 11. WAIVER OF JURY TRIAL THE BORROWER IRREVOCABLY WAIVES ANY AND A RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAN ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NO {A2431274:1} 4 OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Borrower acknowledges that they have read and understand all provisions of this Note, Including the confession of judgment and waiver of jury trial, have been advised by counsel as necessary or appropriate. WITNESS the due execution of this Note as a document under seal, as of the date written above, with the intent to be legally bound hereby. WITNESS: BORROWER: r RICHARD J. r (SEAL} AROLE B. SNYD (A2431274:1) 5 DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: RICHARD J. SNYDER and CAROLE B. SNYDER 100 Looking Glass Lane Reading, Pennsylvania 19607 Lender. INTEGRITY BANK 3345 Market Street Camp Hill, Pennsylvania 17011 The undersigned have executed, and/or are executing, on or about the date hereof, the documents under which the undersigned are obligated to repay monies to Lender. Promissory Nate - $370,036 A. THE UNDERSIGNED ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONTAINS PROVISIO S UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FUL Y AWARE OF THEIR RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OTH R CLANS THAT MAY BE ASSERTED AGAINST THEM BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, T E UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVE THESE RIGHTS AND EXPRESSLY AG E AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THEM BY CONFESSION PURSUANT TO THE TE S THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONTAI PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF E UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF THEIR RIGHTS A R JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGN D HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVE THEIR RIGHTS TO NOTICE AND A HEARING A D EXPRESSLY AGREE AND CONSENT TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UND R APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certify that a representative of Lender specifically called the confession judgment provisions in the above document to the attention of the undersigned, and/or that 1 undersigned were represented by legal counsel in connection with the above document. D. The undersigned hereby certify that their annual income exceeds $10,000; that all re to "the undersigned" above refer to each of the persons signing below; and that the undersigned a copy hereof at the time of signing. Dated: May 19, 2011 Witness (A2431274.1) 6 .4-c ,r. ,:,--a (SEAL) 'CAROLE B. SNY R` DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: SNYDER'S BRUBAKER PROJECT, LPG SNYDER'S BRUBACKER PROJECT, LLC 119 West Lancaster Avenue ShIllington, Pennsylvania 19507 Lender: INTEGRITY BANK 3345 Market Street Camp Hill, Pennsylvania 17011 The undersigned have executed, and/or are executing, on or about the date hereof, a Guaranty and Suretyship Agreement, in respect of the obligations owed to Lender by SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partnership, and RICHARD J. SNYDER and CAROLE B. SNYDER, husband and wife, under which the undersigned are obligated to repay monies to Lender. A. THE UNDERSIGNED ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONTAINS PROVISIR S UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING FU LY AWARE OF THEIR RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OT ER CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, HE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WANE THESE RIGHTS AND EXPRESSLY AG EE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THEM BY CONFESSION PURSUANT TO THE TE S THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONY S PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE O A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF E UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF THEIR RIGHTS A JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGN D HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVE THEM RIGHTS TO NOTICE AND A HEARING A D EXPRESSLY AGREE AND CONSENT TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UNO APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certify that a representative of Lender specifically called the confession judgment provisions in the above document to the attention of the undersigned, and/or that 1 undersigned were represented by legal counsel in connection with the above document. D. The undersigned hereby certify that their annual income exceeds $10,000; that all reference to "the undersigned" above refer to the entities below; and that the undersigned received a copy hereof the time of signing. [SIGNATURES APPEAR ON FOLLOWING PAGE] (A24=94:1) 7 Dated as of May 19, 2011. Witness: /xI {A2431294.1} SNYDER'S BRUBAKER PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Brubacker Project, LLC, a Pennsylvania limited liability company its sole aeneral nartnpr By Richard J. Anfd-er, Manager SNYDER'S BRUBACKER PROJECT, LLC, a Penns is 'mite iability company By (SEAL) Richard J. Pyder, Manager 8 GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is entered int as of May 19, 2011, by SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partnershi and its general partner, SNYDER'S ROSE PROJECT, LLC, a Pennsylvania limited liabil' company (jointly and severally, "Guarantor"), each having an address at 119 West Lancaste Avenue, Shillington, Pennsylvania 19607, in consideration of the extension of credit b INTEGRITY BANK, a Pennsylvania banking institution, its successors and assigns ("Bank") with an address at 3345 Market Street, Camp Hill, Pennsylvania 17011 to RICHARD J SNYDER and CAROLE B. SNYDER, husband and wife (collectively, "Borrower"), and othe good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged 1. Guaranty of Obligatlons. The Guarantor hereby guarantees, and becom surety for, the prompt payment and performance of: all loans, advances, debts, liabilities obligations, covenants and duties owing by the Borrower to the Bank, of any kind or nature present or future (including any interest accruing thereon after maturity, or after the filing of an petition in bankruptcy, or the commencement of any insolvency, reorganization or iik s proceeding relating to the Borrower, whether or not a claim for post-filing or post-petition intere is allowed in such proceeding), whether or not evidenced by any note, guaranty or othe instrument, whether arising under any agreement, instrument or document, whether or not fo the payment of money, whether arising by reason of an extension of credit, opening of a letter o credit, loan, equipment lease or guarantee, under any interest or currency swap, future, optio or other interest rate protection or similar agreement, or in any other manner, whether arisin out of overdrafts on deposit or other accounts or electronic funds transfers (whether through automated clearing houses or otherwise) or out of the Bank's non-receipt of or inability to collect funds or otherwise not being made whole in connection with depository transfer check or othe similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Bank incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (collectively, the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount of the Obligations to the Bank. Until the Obligations are indefeasibly paid in full, Guarantor's liability hereunder shall not be reduced in any manner whatsoever by any amounts which the Bank may realize before or after maturity of the Obligations, by acceleration or otherwise, as a result of payments made by or on behalf of the Borrower or by or on behalf of any other person or entity other than the Guarantor primarily or secondarily liable for the Obligations or any part thereof, or otherwise credited to the Borrower or such person or entity, or as a result of the exercise of the Bank's rights with respect to any collateral for the Obligations or any part thereof. 2. Nature of Guarantv?s. Waivers. This is a guaranty of payment and not of collection and the Bank shall not be required, as a condition of the Guarantor's liability, to make any demand upon or to pursue any of its rights against the Borrower, or to pursue any rights which may be available to it with respect to any other person who may be liable for the payment of the Obligations. This is an absolute, unconditional, irrevocable and continuing guaranty and will remain in full force and effect until all of the Obligations have been indefeasibly paid in full, and the Bank {A2431288:1} has terminated this Guaranty. This Guaranty will remain in full force and effect even if there is no principal balance outstanding under the Obligations at a particular time or from time to time, This Guaranty will not be affected by any surrender, exchange, acceptance, compromise or release by the Bank of any other party, or any other guaranty or any security held by it for any o1 the Obligations, by any failure of the Bank to take any steps to perfect or maintain its lien or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof or any security or other guaranty thereof. The Guarantor's obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrower or the Bank, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borrower from time to time, notice of default, diligence, presentment, notice of dishonor, protest, demand for payment, and any defense based upon the Bank's failure to comply with the notice requirements of the applicable version of Uniform Commercial Code § 9-610 are hereby waived. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Bank at any time and from time to time, without notice to or the consent of the Guarantor, and without impairing or releasing, discharging or modifying the Guarantor's liabilities hereunder, may (a) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) renew, substitute, modify, amend or alter, or grant consents or waivers relating to any of the Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) apply any and all payments by whomever paid or however realized including any proceeds of any collateral, to any Obligations of the Borrower in such order, manner and amount as the Bank may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as the Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any security or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Repayments or Recovery from the Ballk, If any demand is made at any time upon the Bank for the repayment or recovery of any amount received by it in payment or on account of any of the Obligations and if the Bank repays all or any part of such amount by reason of any judgment, decree or order of any court or administrative body or by reason of any settlement or compromise of any such demand, the Guarantor will be and remain liable hereunder for the amount so repaid or recovered to the same extent as if such amount had never been received originally by the Bank. The provisions of this section will be and remain effective notwithstanding any contrary action which may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice to the Bank's rights hereunder and will be deemed to have been conditioned upon such payment having become final and irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Bank or until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Bank such information relating to the Guarantor's affairs (including but not limited to annual financial statements and tax returns for the Guarantor). 5. En_ force-abillity of ObRuations. No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor's {A2431288:1) 2 liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding. 6. Everts of Default. The occurrence of any of the following shall be an "Event of Default": (i) any Event of Default (as defined in any of the Loan Documents); (ii) any default under any of the Loan Documents that does not have a defined set of "Events of Default" and the lapse of any notice or cure period provided in such Obligations with respect to such default; (iii) demand by the Bank under any of the instruments or agreements giving rise to any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hereunder, (v) the falsity, inaccuracy or material breach by the Guarantor of any written warranty, representation or statement made or fumished to the Bank by or on behalf of the Guarantor; or (vi) the termination or attempted termination of this Guaranty. Upon the occurrence of any Event of Default, (a) the Guarantor shall pay to the Bank the outstanding amount of the Obligations; or (b) on demand of the Bank, the Guarantor shall immediately deposit with the Bank, in U.S. dollars, the outstanding amount of the Obligations, and the Bank may at any time use such funds to repay the Obligations; or (c) the Bank in its discretion may exercise with respect to any collateral any one or more of the rights and remedies provided a secured party under the applicable version of the Uniform Commercial Code; or (d) the Bank in its discretion may exercise from time to time any other rights and remedies available to it at law, in equity or otherwise. 7. Right of Setoff. In addition to all liens upon and rights of setoff against the Guarantor's money, securities or other property given to the Bank by law, the Bank shall have, with respect to the Guarantors obligations to the Bank under this Guaranty and to the extent permitted by law, a contractual possessory security interest in and a contractual right of setoff against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers to the Bank all of the Guarantors right, title and interest in and to, all of the Guarantors deposits, moneys, securities and other property now or hereafter in the possession of or on deposit with, or in transit to, the Bank, whether held in a general or special account or deposit, whether held jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, all IRA, Keogh, and trust accounts. Every such security interest and right of setoff may be exercised without demand upon or notice to the Guarantor. Every such right of setoff shall be deemed to have been exercised immediately upon the occurrence of an Event of Default hereunder without any action of the Bank, although the Bank may enter such setoff' on its books and records at a later time. 8. Col teral. This Guaranty is secured by the property described in any collateral security documents which the Guarantor executes and delivers to the Bank and by such other collateral as previously may have been or may in the future be granted to the Bank to secure any obligations of the Guarantor to the Bank. 9. Cam. To the extent that the Bank incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will be due on demand, will be included in the Obligations and will bear interest from the incurring or payment thereof at the Default Rate (as defined in any of the Obligations). tA2431288:1? 3 10. Postponement of Subrogation. Until the Obligations are indefeasibly paid full, the Guarantor irrevocably postpones and subordinates in favor of the Bank any and rights which the Guarantor may have to (a) assert any claim against the Borrower based subrogation rights with respect to payments made hereunder, and (b) any realization on a property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Judgment The Guarantor hereby empowers ai attorney of any court of record, after the occurrence of any Event of Default hereunder, appear for the Guarantor and, with or without complaint filed, confess judgment, or series of judgments, against the Guarantor in favor of the Bank for the amount of ti Obligations, together with Interest thereon at the Default Rate set forth in the Note, cos of suit and an attorney's commission of the greater of 5% of such principal and intere or $5,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a col verified by affidavit shall be a sufficient warrant. The Guarantor hereby forever waive and releases all errors in said proceedings and all rights of appeal and all relief from ai and all appralsement, stay or exemption laws of any state now in force or hereaft enacted. No single exercise of the foregoing power to confess judgment, or a series of judgments shalt be deemed to exhaust the power, whether or not any such exercise shall be held bj any court to be invalid, voidable, or void, but the power shall continue undiminished ant It may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the outstanding balance due on the Obligations and costs. Notwithstanding the attorney's commission provided for In the preceding paragraph (which Is Included In the warrant for purposes of establishing i sum certain), the amount of attorneys' fees that the Bank may recover from the Guarantor shall not exceed the actual attorneys' fees incurred by the Bank. 12. otlces. All notices, demands, requests, consents, approvals and othe communications required or permitted hereunder must be in writing and will be effective upor receipt. Such notices and other communications may be hand-delivered, sent by facsimile transmission with confirmation of delivery and a copy sent by first-class mail, or sent bj nationally recognized overnight courier service, to the addresses for the Bank and the Guarantor set forth above or to such other address as one may give to the other in writing foi such purpose. 13. Preservation of Rights. No delay or omission on the Bank's part to exercise any right or power arising hereunder will impair any such right or power or be considered waiver of any such right or power, nor will the Bank's action or inaction impair any such right of power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Bank may have under other agreements, at law or in equity The Bank may proceed in any order against the Borrower, the Guarantor or any other obligor of, or any collateral securing, the Obligations. 14. Illeeaaiity. In case any one or more of the provisions contained in this Guaranty should be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. Changes„ in Writing. No modification, amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor therefrom, will be effective unless (A2431288:1) 4 made in a writing signed by the Bank, and then such waiver or consent shall be effective only i the specific instance and for the purpose for which given. No notice to or demand on th Guarantor in any case will entitle the Guarantor to any other or further notice or demand in th same, similar or other circumstance. 16. Entire Aureemen This Guaranty (including the documents and instrument referred to herein) constitutes the entire agreement and supersedes all other prior agreement and understandings, both written and oral, between the Guarantor and the Bank with respect t the subject matter hereof; provided, however, that this Guaranty is in addition to, and not i substitution for, any other guarantees from the Guarantor to the Bank. 17. Such and Assigns. This Guaranty will be binding upon and inure to th benefit of the Guarantor and the Bank and their respective successors and assigns; Drovided however, that the Guarantor may not assign this Guaranty in whole or in part without the Bank' prior written consent and the Bank at any time may assign this Guaranty in whole or in part. 18. Interpretation. In this Guaranty, unless the Bank and the Guarantor otherwis agree in writing, the singular includes the plural and the plural the singular; references t statutes are to be construed as including all statutory provisions consolidating, amending o replacing the statute referred to; the word "or" shall be deemed to include "and/or", the word "including", "includes" and "Include" shall be deemed to be followed by the words Wthou limitation"; and references to sections or exhibits are to those of this Guaranty unless otherwis indicated. Section headings in this Guaranty are included for convenience of reference only an shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed b more than one party as Guarantor, the obligations of such persons or entities will be joint and several. 19. Indemnity. The Guarantor agrees to indemnify each of the Bank, its directors, officers and employees and each legal entity, if any, who controls the Bank (the "Indemnified Parties") and to hold each Indemnified Party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or external counsel with whom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Party may incur or which may be asserted against any Indemnified Party as a result of the execution of or performance under this Guaranty; provided, however. that the foregoing indemnity agreement shall not apply to claims, damages, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive the termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim. 20. Govemina Law and Jurisdiction. This Guaranty has been delivered to and accepted by the Bank and will be deemed to be made in the Commonwealth of Pennsylvania. THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND UA131UTIES OF THE BANK AND THE GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to the exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania; provided that nothing contained in this Guaranty will prevent the Bank from bringing any action, enforcing any award or judgment or exercising any rights against the Guarantor individually, against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Bank and the Guarantor. The {A2431288:1) Guarantor waives any objection to venue and any objection based on a more convenient in any action instituted under this Guaranty. 21. WAIVER OF JURY TRIAL. THE GUARANTOR IRREVOCABLY WAIVES AND ALL RIGHT THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACl PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARAIN ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Guarantor acknowledges that it has read and understands all the provis of this Guaranty, Including the confession of judgment and waiver of jury trial, and been advised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date written above, with the intent to be legally bound hereby. GUARANTOR: Witness: i {/+2431288:9} SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Rose Project, LLC, a Pennsylvania limited liability company, its sole al partner By ) , = (SEAL) Richard J. der, Manager SNYDER'S ROSE PROJECT, LLC, a Penns is imited liability company By. (SEAL) Richard yder, Manager 6 DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: SNYDER'S ROSE PROJECT, LP SNYDER'S ROSE PROJECT, LLC 119 West Lancaster Avenue Shiilington, Pennsylvania 19607 Lender: INTEGRITY BANK 3343 Market Street Camp Hill, Pennsylvania 17011 The undersigned have executed, and/or are executing, on or about the date hereof, a Guaranty and Suretyship Agreement, in respect of the obligations owed to Lender by RICHARD J. SNYDER and CAROLE B. SNYDER, husband and wife, under which the undersigned are obligated to repay monies to Lender. A. THE UNDERSIGNED ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONTAINS PROVISI NS UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING F LLY AWARE OF THEIR RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OT ER CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY LENDER THEREUNDER BEFORE JUDGMENT 18 ENTERED, HE UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WAIVE THESE RIGHTS AND EXPRESSLY AG EE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THEM BY CONFESSION PURSUANT TO THE TE MS THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONfN S PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF E UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF THEIR RIGHTS A R JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSID HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WANE THEIR RIGHTS TO NOTICE AND A HEARING D EXPRESS LY AGREE AND CONSENT TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UR APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certify that a representative of Lender specifically called the confessio of judgment provisions in the above document to the attention of the undersigned, and/or that he undersigned were represented by legal counsel in connection with the above document D. The undersigned hereby certify that their annual income exceeds $10,000; that all n to "the undersigned" above refer to the entities below; and that the undersigned received a copy the time of signing. [SIGNATURES APPEAR ON FOLLOWING PAGE] at (A2431288:1) 7 Dated as of May 19, 2011. Witness: f SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Rose Project, LLC, a Pennsylvania limited liability company, its sole aweral Dartner By Ri SNYDER'S ROSE PROJECT, LLC, a Pennsy yagi,.lia?ted liability company By Richard J. Sher, Manager {A2431298:1) 8 GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is entered as of May 19, 2011, by SNYDER'S MUSSER PROJECT, LP, a Pennsylvania limited partner and its general partner, SNYDER'S MUSSER PROJECT, LLC, a Pennsylvania limited lid company (jointly and severally, "Guarantor"), each having an address at 119 West Lance Avenue, Shillington, Pennsylvania 19607, in consideration of the extension of credit INTEGRITY BANK, a Pennsylvania banking institution, its successors and assigns ("Ban with an address at 3345 Market Street, Camp Hill, Pennsylvania 17011 to SNYDER'S Rt PROJECT, LP, a Pennsylvania limited partnership, and RICHARD J. SNYDER and CARL B. SNYDER, husband and wife (collectively, `Borrower"), and other good and vale consideration, the receipt and sufficiency of which are hereby acknowledged. into by E 1. Guaranty of Obligations. The Guarantor hereby guarantees, and beco es surety for, the prompt payment and performance of: all loans, advances, debts, liabili es, obligations, covenants and duties owing by the Borrower to the Bank, of any kind or na re, present or future (including any interest accruing thereon after maturity, or after the filing of ny petition in bankruptcy, or the commencement of any insolvency, reorganization or ike proceeding relating to the Borrower, whether or not a claim for post-filing or post-petition Intel as-'. is allowed in such proceeding), whether or not evidenced by any note, guaranty or o er instrument, whether arising under any agreement, instrument or document, whether or not for the payment of money, whether arising by reason of an extension of credit, opening of a lette of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, op 'on or other interest rate protection or similar agreement, or in any other manner, whether an ng out of overdrafts on deposit or other accounts or electronic funds transfers (whether thro gh automated clearing houses or otherwise) or out of the Bank's non-receipt of or inability to coil ct funds or otherwise not being made whole in connection with depository transfer check or of er similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs and expenses of the Bank incurred in the documentation, negotiation, modification, enforcement, collection or otherwise in connection with any of the foregoing, including reasonable attorneys' fees and expenses (collectively, the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount of e Obligations to the Bank. Until the Obligations are indefeasibly paid in full, Guarantor's liabi ity hereunder shall not be reduced in any manner whatsoever by any amounts which the Bank m y realize before or after maturity of the Obligations, by acceleration or otherwise, as a result of payments made by or on behalf of the Borrower or by or on behalf of any other person or en ty other than the Guarantor primarily or secondarily liable for the Obligations or any part thereof, or otherwise credited to the Borrower or such person or entity, or as a result of the exercise oft e Bank's rights with respect to any collateral for the Obligations or any part thereof. 2. Nature of Guaranty: Waivers. This is a guaranty of payment and not collection and the Bank shall not be required, as a condition of the Guarantor's liability, to mr any demand upon or to pursue any of its rights against the Borrower, or to pursue any rig which may be available to it with respect to any other person who may be liable for the paym of the Obligations. (A2431293:11 This is an absolute, unconditional, irrevocable and continuing guaranty and will rema n in full force and effect until all of the Obligations have been indefeasibly paid in full, and the ank has terminated this Guaranty. This Guaranty will remain in full force and effect even if the a is no principal balance outstanding under the Obligations at a particular time or from time to ti e. This Guaranty will not be affected by any surrender, exchange, acceptance, compromis or release by the Bank of any other party, or any other guaranty or any security hold by it for an of the Obligations, by any failure of the Bank to take any steps to perfect or maintain its lie or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity, unenforceability or invalidity of any of the Obligations or any part thereof or any security or other guaranty thereof. The Guarant is obligations hereunder shall not be affected, modified or impaired by any counterclaim, set off, deduction or defense based upon any claim the Guarantor may have against the Borrowe or the Bank, except payment or performance of the Obligations. Notice of acceptance of this Guaranty, notice of extensions of credit to the Borro er from time to time, notice of default, diligence, presentment, notice of dishonor, protest, deco nd for payment, and any defense based upon the Bank's failure to comply with the no ice requirements of the applicable version of Uniform Commercial Code § 9-610 are hereby waiv d. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Bank at any time and from time to time, without notice to or the consent of he Guarantor, and without impairing or releasing, discharging or modifying the Guarant is liabilities hereunder, may (a) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) ren w, substitute, modify, amend or alter, or grant consents or waivers relating to any of he Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) ap ly any and all payments by whomever paid or however realized including any proceeds of ny collateral, to any Obligations of the Borrower in such order, manner and amount as the a nk may determine in its sole discretion; (d) settle, compromise or deal with any other pers n, including the Borrower or the Guarantor, with respect to any Obligations in such manner as t e Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any secu 'ty or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herei . 3. Re?lInts gr Recovery ftgm the Bank. If any demand is made at any fir e upon the Bank for the repayment or recovery of any amount received by it in payment or n account of any of the Obligations and if the Bank repays all or any part of such amount y reason of any judgment, decree or order of any court or administrative body or by reason of a y settlement or compromise of any such demand, the Guarantor will be and remain Ila le hereunder for the amount so repaid or recovered to the same extent as if such amount h d never been received originally by the Bank. The provisions of this section will be and rem 'n effective notwithstanding any contrary action which may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice o the Bank's rights hereunder and will be deemed to have been conditioned upon such payme it having become final and irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Bank r until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Ba k such information relating to the Guarantor's affairs (including but not limited to annual financi I statements and tax returns for the Guarantor). {A2431 M:1 } 2 S. Enforceability of Obllantlons. No modification, limitation or discharge o the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceedin for relief of debtors under federal or state law will affect, modify, limit or discharge the Guaran or's liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same f roe and effect as if any such proceeding had not been instituted. The Guarantor waives all ri hts and benefits which might accrue to it by reason of any such proceeding and will be liable t the full extent hereunder, irrespective of any modification, limitation or discharge of the liability o the Borrower that may result from any such proceeding. 6. Evers of Default The occurrence of any of the following shall be an "Eve # of Default": (1) any Event of Default (as defined in any of the Loan Documents); (ii) any de ult under any of the Loan Documents that does not have a defined set of "Events of Default" nd the lapse of any notice or cure period provided in such Obligations with respect to such def ult; (iii) demand by the Bank under any of the instruments or agreements giving rise to any of the Obligations that have a demand feature; (iv) the Guarantor's failure to perform any o its obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of ny written warranty, representation or statement made or furnished to the Bank by or on beha of the Guarantor; or (vi) the termination or attempted termination of this Guaranty. Upon he occurrence of any Event of Default, (a) the Guarantor shall pay to the Bank the outstan ing amount of the Obligations; or (b) on demand of the Bank, the Guarantor shall immedia ely deposit with the Bank, in U.S. dollars, the outstanding amount of the Obligations, and the B ink may at any time use such funds to repay the Obligations; or (c) the Bank in its discretion ay exercise with respect to any collateral any one or more of the rights and remedies provide a secured party under the applicable version of the Uniform Commercial Code; or (d) the Ban] z in its discretion may exercise from time to time any other rights and remedies available to it at I w, in equity or otherwise. 7. Rlaht of Setoff. In addition to all liens upon and rights of setoff against e Guarantor's money, securities or other property given to the Bank by law, the Bank shall ha e, with respect to the Guarantor's obligations to the Bank under this Guaranty and to the a nt permitted by law, a contractual possessory security interest in and a contractual right of se ff against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers to e Bank all of the Guarantor's right, title and interest in and to, all of the Guarantor's depos s, moneys, securities and other property now or hereafter in the possession of or on deposit hi h, or in transit to, the Bank, whether held in a general or special account or deposit, whether h Id jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, II IRA, Keogh, and trust accounts. Every such security interest and right of setoff may exercised without demand upon or notice to the Guarantor. Every such right of setoff shall deemed to have been exercised immediately upon the occurrence of an Event of Defy It hereunder without any action of the Bank, although the Bank may enter such setoff on its boo s and records at a later time. 8. Collateral. This Guaranty is secured by the property described in any collate I security documents which the Guarantor executes and delivers to the Bank and by such oth r collateral as previously may have been or may in the future be granted to the Bank to secu any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Bank incurs any costs or expenses in protecting or enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' f s and the costs and expenses of litigation, such costs and expenses will be due on demand, w II (ANM93:1) 3 be included in the Obligations and will bear interest from the incurring or payment thereof of the Default Rate (as defined in any of the Obligations). i 10. Postponement of Subrogation. Until the Obligations are indefeasibly pal in full, the Guarantor irrevocably postpones and subordinates in favor of the Bank any an all rights which the Guarantor may have to (a) assert any claim against the Borrower base on subrogation rights with respect to payments made hereunder, and (b) any realization on ny property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Judgment. The Guarantor hereby empowers ny attorney of any court of record, after the occurrence of any Event of Default hereunder to appear for the Guarantor and, with or without complaint filed, confess judgment, a series of judgments, against the Guarantor in favor of the Bank for the amount of he Obligations, together with Interest thereon at the Default Rate set forth In the Note, co is of suit and an attorney's commission of the greater of 5% of such principal and inte at or $5,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a c py verified by affidavit shall be a sufficient warrant The Guarantor hereby forever wal es and releases all errors in said proceedings and all rights of appeal and all relief from ny and all appraisement, stay or exemption laws of any state now in force or herea r enacted. No single exercise of the foregoing power to confess judgment, or a series of judgme , shall be deemed to exhaust the power, whether or not any such exercise shall be held y any court to be invalid, voidable, or void, but the power shall continue undiminished a d it may be exercised from time to time as often as the Bank shall elect until such time is the Bank shall have received payment in full of the outstanding balance due on e Obligations and costs. Notwithstanding the attorney's commission provided for in tie preceding paragraph (which is Included in the warrant for purposes of establishing a sum certain), the amount of attorneys' fees that the Bank may recover from t e Guarantor shall not exceed the actual attorneys' fees incurred by the Bank. 12. N 'c s. All notices, demands, requests, consents, approvals and of communications required or permitted hereunder must be in writing and will be effective ul receipt. Such notices and other communications may be hand-delivered, sent by facsir transmission with confirmation of delivery and a copy sent by first-class mail, or sent nationally recognized overnight courier service, to the addresses for the Bank and Guarantor set forth above or to such other address as one may give to the other in writing such purpose. 13. Preservation of Rights. No delay or omission on the Bank's part to exerci e any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Bank's action or inaction impair any such right or power. The Bank's rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Bank may have under other agreements, at law or in equi The Bank may proceed in any order against the Borrower, the Guarantor or any other obligor , or any collateral securing, the Obligations. 14. Illegalfty In case any one or more of the provisions contained in this i should be invalid, illegal or unenforceable in any respect, the validity, legality and enfo of the remaining provisions contained herein shall not in any way be affected or thereby. {A2431293:1} 4 15. Changes in Writing. No modification, amendment or waiver of any provisi n of this Guaranty nor consent to any departure by the Guarantor therefrom, will be effective un ess made in a writing signed by the Bank, and then such waiver or consent shall be effective on y in the speck instance and for the purpose for which given. No notice to or demand on the Guarantor in any case will entitle the Guarantor to any other or further notice or demand in the same, similar or other circumstance. 18. Entire Agreement. This Guaranty (including the documents and instrum nts referred to herein) constitutes the entire agreement and supersedes all other prior agreem nts and understandings, both written and oral, between the Guarantor and the Bank with respe t to the subject matter hereof; provided, however, that this Guaranty is in addition to, and n in substitution for, any other guarantees from the Guarantor to the Bank. 17. Successors) and Assigns. This Guaranty will be binding upon and inure to he benefit of the Guarantor and the Bank and their respective successors and assigns; roi d however, that the Guarantor may not assign this Guaranty in whole or in part without the Ba k's prior written consent and the Bank at any time may assign this Guaranty in whole or in part. 18. Intemretationn. In this Guaranty, unless the Bank and the Guarantor othe ise agree in writing, the singular includes the plural and the plural the singular; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the wo ds "including", "includes' and 'include' shall be deemed to be followed by the words "with ut limitation"; and references to sections or exhibits are to those of this Guaranty unless otherwise indicated. Section headings in this Guaranty are included for convenience of reference only nd shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one party as Guarantor, the obligations of such persons or entities will be joint nd several. 19. Indemnity The Guarantor agrees to indemnify each of the Bank, its direct , officers and employees and each legal entity, if any, who controls the Bank (the " Indemnifi d Parties") and to hold each Indemnified Party harmless from and against any and all dal s, damages, losses, liabilities and expenses (including all fees and charges of internal or exte al counsel with whom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Party may incur or which may be asserted agai st any Indemnified Party as a result of the execution of or performance under this Guaran ; provided, however that the foregoing indemnity agreement shall not apply to claims, damag s, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive e termination of this Guaranty. The Guarantor may participate at its expense in the defense of any such claim. 20. Governing Law and Jurisdiction. This Guaranty has been delivered to a d accepted by the Bank and will be deemed to be made in the Commonwealth of Pennsylvani . THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND T E GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVANI, EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to e exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvani ; provided that nothing contained in this Guaranty will prevent the Bank from bringing any actin , enforcing any award or judgment or exercising any rights against the Guarantor individual! , (A2431293:1) 5 against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Bank and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient fo um in any action instituted under this Guaranty. 21. WA O JURY TRIAL. THE GUARANTOR IRREVOCABLY WAIVES AND ALL RIGHT THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY AC1 PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARAN ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Guarantor acknowledges that it has read and understands all the provis of this Guaranty, including the confession of judgment and waiver of jury trial, and been advised by counsel as necessary or appropriate. WITNESS the due execution hereof as a document under seal, as of the date written above, with the intent to be legally bound hereby. GUARANTOR: Witness: __ ?..... y fA2431293:1 } SNYDER'S MUSSER PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Musser Project, LLC, a Pennsylvania limited liability company, its sole awfbal partner . By Richard J. Soar, Manager SNYDER'S MUSSER PROJECT, LLC, a Pennsy ania limited liability company By (SEAL) Richa J yder, Manager L DISCLOSURE FOR CONFESSION OF JUDGMENT Undersigned: SNYDER'S MUSSER PROJECT, LP SNYDEWS MUSSER PROJECT, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 18607 Lender: INTEGRITY BANK 3345 Market Street Camp Hill, Pennsylvania 17011 The undersigned have executed, and/or are executing, on or about the date hereof, a Guaranty and Suretyship Agreement, in respect of the obligations owed to Lender by SNYDER'S ROSE PROJECT, LP, a Pennsylvania limited partnership, and RICHARD J. SNYDER and CAROLE B. SNYDER, husband and wife, under which the undersigned are obligated to repay monies to Lender. A. THE UNDERSIGNED ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONTAINS PROVIS S UNDER WHICH LENDER MAY ENTER JUDGMENT BY CONFESSION AGAINST THE UNDERSIGNED. BEING F LY AWARE OF THEIR RIGHTS TO PRIOR NOTICE AND A HEARING ON THE VALIDITY OF ANY JUDGMENT OR OT R CLAIMS THAT MAY BE ASSERTED AGAINST THEM BY LENDER THEREUNDER BEFORE JUDGMENT IS ENTERED, E UNDERSIGNED HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WANE THESE RIGHTS AND EXPRESSLY AG E AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST THEM BY CONFESSION PURSUANT TO THE TE S THEREOF. B. THE UNDERSIGNED ALSO ACKNOWLEDGE AND AGREE THAT THE ABOVE DOCUMENT CONTAI S PROVISIONS UNDER WHICH LENDER MAY, AFTER ENTRY OF JUDGMENT AND WITHOUT EITHER NOTICE OR A HEARING, FORECLOSE UPON, ATTACH, LEVY, TAKE POSSESSION OF OR OTHERWISE SEIZE PROPERTY OF UNDERSIGNED IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. BEING FULLY AWARE OF THEIR RIGHTS A JUDGMENT IS ENTERED (INCLUDING THE RIGHT TO MOVE TO OPEN OR STRIKE THE JUDGMENT), THE UNDERSIGN D HEREBY FREELY, KNOWINGLY AND INTELLIGENTLY WANE THEIR RIGHTS TO NOTICE AND A HEARINGA D EXPRESSLY AGREE AND CONSENT TO LENDER'S TAKING SUCH ACTIONS AS MAY BE PERMITTED UND APPLICABLE STATE AND FEDERAL LAW WITHOUT PRIOR NOTICE TO THE UNDERSIGNED. C. The undersigned certify that a representative of Lender specifically called the confession judgment provisions in the above document to the attention of the undersigned, and/or that i undersigned were represented by legal counsel in connection with the above document. D. The undersigned hereby certify that their annual income exceeds $10,000; that all referenc to "the undersigned" above refer to the entities below; and that the undersigned received a copy hereof the time of signing. [SIGNATURES APPEAR ON FOLLOWING PAGE] (A2431293:1) 7 Dated as of May 19, 2011. Witness: 71; ? {A2431293:1} SNYDER'S MUSSER PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Musser Project, LLC, a Pennsylvania limited liability company, its sole general partner By ', Manager SNYDER'S MUSSER PROJECT, LLC, a Pennsyly Pa limited 'ability company By (SEAL) Richard J. der, Manager 8 GUARANTY AND SURETYSHIP AGREEMENT THIS GUARANTY AND SURETYSHIP AGREEMENT (this "Guaranty") is entered to as of May 19, 2011, by SNYDER'S BRUBAKER PROJECT, LP, a Pennsylvania II ed partnership and its general partner, SNYDER'S BRU13ACKER PROJECT, LLC, a Pennsylv nia limited liability company (jointly and severally, "Guarantor"), each having an address at 19 West Lancaster Avenue, Shlllington, Pennsylvania 19607, in consideration of the extensio of credit by INTEGRITY BANK, a Pennsylvania banking institution, its successors and assi ns ("Bank"), with an address at 3345 Market Street, Camp Hill, Pennsylvania 17011 to SNYDE 'S ROSE PROJECT, LP, a Pennsylvania limited partnership, and RICHARD J. SNYDER nd CAROLE B. SNYDER, husband and wife (collectively, "Borrower"), and other good nd valuable consideration, the receipt and sufficiency of which are hereby acknowledged. 1. Guaranty of Obligations. The Guarantor hereby guarantees, and beco es surety for, the prompt payment and performance of: all loans, advances, debts, liabiliti s, obligations, covenants and duties owing by the Borrower to the Bank, of any kind or nat e, present or future (including any interest accruing thereon after maturity, or after the filing of ny petition in bankruptcy, or the commencement of any insolvency, reorganization or I ke proceeding relating to the Borrower, whether or not a claim for post-filing or post-petition inter st is allowed in such proceeding), whether or not evidenced by any note, guaranty or o er instrument, whether arising under any agreement, instrument or document, whether or not or the payment of money, whether arising by reason of an extension of credit, opening of a lette of credit, loan, equipment lease or guarantee, under any interest or currency swap, future, opti n or other interest rate protection or similar agreement, or in any other manner, whether arisi g out of overdrafts on deposit or other accounts or electronic funds transfers (whether through automated clearing houses or otherwise) or out of the Bank's non-receipt of or inability to coil ct funds or otherwise not being made whole in connection with depository transfer check or of er similar arrangements, whether direct or indirect (including those acquired by assignment or participation), absolute or contingent, joint or several, due or to become due, now existing or hereafter arising, and any amendments, extensions, renewals or increases and all costs #d expenses of the Bank incurred in the documentation, negotiation, modification, enforcee t, collection or otherwise in connection with any of the foregoing, including reasonable attormne s' fees and expenses (collectively, the "Obligations"). If the Borrower defaults under any such Obligations, the Guarantor will pay the amount of t e Obligations to the Bank. Until the Obligations are indefeasibly paid in full, Guarantor's liabil y hereunder shall not be reduced in any manner whatsoever by any amounts which the Bank m y realize before or after maturity of the Obligations, by acceleration or otherwise, as a result f payments made by or on behalf of the Borrower or by or on behalf of any other person or enti other than the Guarantor primarily or secondarily liable for the Obligations or any part thereof, r otherwise credited to the Borrower or such person or entity, or as a result of the exercise of t e Bank's rights with respect to any collateral for the Obligations or any part thereof. 2. Nature of Guaranty: Waivers. This is a guaranty of payment and not f collection and the Bank shall not be required, as a condition of the Guarantor's liability, to ma any demand upon or to pursue any of its rights against the Borrower, or to pursue any righ s which may be available to it with respect to any other person who may be liable for the payme it of the Obligations. (A2431294:1) This is an absolute, unconditional, irrevocable and continuing guaranty and will remai in full force and effect until all of the Obligations have been indefeasibly paid in full, and the B nk has terminated this Guaranty. This Guaranty will remain in full force and effect even if the is no principal balance outstanding under the Obligations at a particular time or from time to ti e. This Guaranty will not be affected by any surrender, exchange, acceptance, compromis or release by the Bank of any other party, or any other guaranty or any security held by it for an, f of the Obligations, by any failure of the Bank to take any steps to perfect or maintain its Ile or security interest in or to preserve its rights to any security or other collateral for any of the Obligations or any guaranty, or by any irregularity, unenforceability or invalidity of any of he Obligations or any part thereof or any security or other guaranty thereof. The Guarant is obligations hereunder shall not be affected, modified or impaired by any counterclaim, set-off, deduction or defense based upon any claim the Guarantor may have against the Borrows or the Bank, except payment or performance of the Obligations. r Notice of acceptance of this Guaranty, notice of extensions of credit to the Borro 1he from time to time, notice of default, diligence, presentment, notice of dishonor, protest, dem d for payment, and any defense based upon the Bank's failure to comply with the no e requirements of the applicable version of Uniform Commercial Code § 9-610 are hereby wai. The Guarantor waives all defenses based on suretyship or impairment of collateral. The Bank at any time and from time to time, without notice to or the consent of Guarantor, and without impairing or releasing, discharging or modifying the Guarant is liabilities hereunder, may (a) change the manner, place, time or terms of payment or performance of or interest rates on, or other terms relating to, any of the Obligations; (b) rem , substitute, modify, amend or alter, or grant consents or waivers relating to any of he Obligations, any other guaranties, or any security for any Obligations or guaranties; (c) ap ly any and all payments by whomever paid or however realized including any proceeds of ny collateral, to any Obligations of the Borrower in such order, manner and amount as the B nk may determine in its sole discretion; (d) settle, compromise or deal with any other person, including the Borrower or the Guarantor, with respect to any Obligations in such manner as he Bank deems appropriate in its sole discretion; (e) substitute, exchange or release any secu ity or guaranty; or (f) take such actions and exercise such remedies hereunder as provided herein. 3. Renavme, nts or Recovery from the Sank. If any demand is made at any ti e upon the Bank for the repayment or recovery of any amount received by it in payment or n account of any of the Obligations and if the Bank repays all or any part of such amount y reason of any judgment, decree or order of any court or administrative body or by reason of a y settlement or compromise of any such demand, the Guarantor will be and remain liable hereunder for the amount so repaid or recovered to the same extent as if such amount h d never been received originally by the Bank. The provisions of this section will be and rem in effective notwithstanding any contrary action which may have been taken by the Guarantor in reliance upon such payment, and any such contrary action so taken will be without prejudice o the Bank's rights hereunder and will be deemed to have been conditioned upon such paym t having become final and irrevocable. 4. Financial Statements. Unless compliance is waived in writing by the Bank r until all of the Obligations have been paid in full, the Guarantor will promptly submit to the Ba k such information relating to the Guarantor's affairs (including but not limited to annual financi I statements and tax returns for the Guarantor). (A2431294:1) 2 5. -nforceability of Obligatiions. No modification, limitation or discharge of he Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarant is liability in any manner whatsoever and this Guaranty will remain and continue in full force nd effect and will be enforceable against the Guarantor to the same extent and with the same fo ce and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to he full extent hereunder, irrespective of any modification, limitation or discharge of the liability of he Borrower that may result from any such proceeding. 6. Events of Default. The occurrence of any of the following shall be an "Even of Default": (i) any Event of Default (as defined in any of the Loan Documents); (ii) any def ult under any of the Loan Documents that does not have a defined set of 'Events of Default' nd the lapse of any notice or cure period provided in such Obligations with respect to such defa It; (iii) demand by the Bank under any of the instruments or agreements giving rise to any of he Obligations that have a demand feature; (iv) the Guarantor's failure to perform any of its obligations hereunder; (v) the falsity, inaccuracy or material breach by the Guarantor of ny written warranty, representation or statement made or furnished to the Bank by or on beha of the Guarantor, or (vi) the termination or attempted termination of this Guaranty. Upon he occurrence of any Event of Default, (a) the Guarantor shall pay to the Bank the outstand ng amount of the Obligations; or (b) on demand of the Bank, the Guarantor shall immediat ly deposit with the Bank, in U.S. dollars, the outstanding amount of the Obligations, and the B nk may at any time use such funds to repay the Obligations; or (c) the Bank in its discretion ay exercise with respect to any collateral any one or more of the rights and remedies provide a secured party under the applicable version of the Uniform Commercial Code; or (d) the Ban in its discretion may exercise from time to time any other rights and remedies available to it at low, in equity or otherwise. 7. Rialit of In addition to all liens upon and rights of setoff against e Guarantor's money, securities or other property given to the Bank by law, the Bank shall have, with respect to the Guarantor's obligations to the Bank under this Guaranty and to the extent permitted by law, a contractual possessory security interest in and a contractual right of set ff against, and the Guarantor hereby assigns, conveys, delivers, pledges and transfers tot e Bank all of the Guarantor's right, title and interest in and to, all of the Guarantor's deposi , moneys, securities and other property now or hereafter in the possession of or on deposit wi h, or in transit to, the Bank, whether held in a general or special account or deposit, whether h Id jointly with someone else, or whether held for safekeeping or otherwise, excluding, however, II IRA, Keogh, and trust accounts. Every such security interest and right of setoff may exercised without demand upon or notice to the Guarantor. Every such right of setoff shalt deemed to have been exercised immediately upon the occurrence of an Event of Defa It hereunder without any action of the Bank, although the Bank may enter such setoff on its boo and records at a later time. 8. Collateral. This Guaranty is secured by the property described in any collate al security documents which the Guarantor executes and delivers to the Bank and by such other collateral as previously may have been or may in the future be granted to the Bank to secure any obligations of the Guarantor to the Bank. 9. Costs. To the extent that the Bank incurs any costs or expenses in protecting r enforcing its rights under the Obligations or this Guaranty, including reasonable attorneys' fees and the costs and expenses of litigation, such costs and expenses will be due on demand, Will (A2431294:1) 3 be included in the Obligations and will bear interest from the incurring or payment thereof at Default Rate (as defined in any of the Obligations). 14. Postnonemenlt of Subr ation. Until the Obligations are indefeasibly psi in full, the Guarantor irrevocably postpones and subordinates in favor of the Bank any and all rights which the Guarantor may have to (a) assert any claim against the Borrower based on subrogation rights with respect to payments made hereunder, and (b) any realization on any property of the Borrower, including participation in any marshalling of the Borrower's assets. 11. Power to Confess Judgment The Guarantor hereby empowers ny attorney of any court of record, after the occurrence of any Event of Default hereunder, to appear for the Guarantor and, with or without complaint filed, confess judgment, o a series of judgments, against the Guarantor In favor of the Bank for the amount of e Obligations, together with Interest thereon at the Default Rate set forth in the Note, co is of suit and an attorney's commission of the greater of 5% of such principal and into t or $5,000 added as a reasonable attorney's fee, and for doing so, this Guaranty or a c y verified by affidavit shall be a sufficient warrant The Guarantor hereby forever wa' I es and releases all errors in said proceedings and all rights of appeal and all relief from y and all appraisement, stay or exemption laws of any state now In force or heree r enacted. No single exercise of the foregoing power to confess judgment, or a series of judgme , shall be deemed to exhaust the power, whether or not any such exercise shall be held y any court to be invalid, voidable, or void, but the power shall continue undiminished a d it may be exercised from time to time as often as the Bank shall elect until such time as the Bank shall have received payment in full of the outstanding balance due on e Obligations and costs. Notwithstanding the attorney's commission provided for in e preceding paragraph (which Is included in the warrant for purposes of establishln a sum certain), the amount of attorneys' fees that the Bank may recover from e Guarantor shall not exceed the actual attomeys' fees Incurred by the Bank. 12. Notices. All notices, demands, requests, consents, approvals and of communications required or permitted hereunder must be in writing and will be effective ul receipt. Such notices and other communications may be hand-delivered, sent by facsir transmission with confirmation of delivery and a copy sent by first-class mail, or sent nationally recognized overnight courier service, to the addresses for the Bank and Guarantor set forth above or to such other address as one may give to the other in writing such purpose. e 13. Preservation of Riahts. No delay or omission on the Bank's part to exer;if any right or power arising hereunder will impair any such right or power or be considere a waiver of any such right or power, nor will the Bank's action or inaction impair any such righr power. The Bank's rights and remedies hereunder are cumulative and not exclusive of y other rights or remedies which the Bank may have under other agreements, at law or in eq. The Bank may proceed in any order against the Borrower, the Guarantor or any other obligo, or any collateral securing, the Obligations. 14. Illegality. In case any one or more of the provisions contained in this should be invalid, illegal or unenforceable in any respect, the validity, legality and ent of the remaining provisions contained herein shall not in any way be affected or thereby. (A2431294:1) 4 15. Channes In WrltlnNo modification, amendment or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor therefrom, will be effective unl ss made in a writing signed by the Bank, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on e Guarantor in any case will entitle the Guarantor to any other or further notice or demand in e same, similar or other circumstance. 16. Entire Aureement. This Guaranty (including the documents and instrume i s referred to herein) constitutes the entire agreement and supersedes all other prior agreeme is and understandings, both written and oral, between the Guarantor and the Bank with respect to the subject matter hereof; provided, however, that this Guaranty is in addition to, and not in substitution for, any other guarantees from the Guarantor to the Bank. 17. Successors and Assigns. This Guaranty will be binding upon and inure to benefit of the Guarantor and the Bank and their respective successors and assigns; rp 21f c however, that the Guarantor may not assign this Guaranty in whole or in part without the Ba prior written consent and the Bank at any time may assign this Guaranty in whole or in part. 18. Interpretation. In this Guaranty, unless the Bank and the Guarantor otherwise agree in writing, the singular includes the plural and the plural the singular; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word 'or" shall be deemed to include "and/or", the words "including", "includes" and "include" shall be deemed to be followed by the words "without limitation"; and references to sections or exhibits are to those of this Guaranty unless othe se indicated. Section headings in this Guaranty are included for convenience of reference only nd shall not constitute a part of this Guaranty for any other purpose. If this Guaranty is executed by more than one party as Guarantor, the obligations of such persons or entities will be joint nd several. 19. ! ni The Guarantor agrees to indemnify each of the Bank, its directors, officers and employees and each legal entity, if any, who controls the Bank (the "Indemn ed Parties") and to hold each Indemnified Party harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees and charges of internal or exte al counsel with whom any Indemnified Party may consult and all expenses of litigation or preparation therefor) which any Indemnified Party may incur or which may be asserted agai st any Indemnified Party as a result of the execution of or performance under this Guara ty; provided, however. that the foregoing indemnity agreement shall not apply to claims, damag s, losses, liabilities and expenses solely attributable to an Indemnified Party's gross negligence or willful misconduct. The indemnity agreement contained in this Section shall survive he termination of this Guaranty. The Guarantor may participate at its expense in the defens of any such claim. 20. Governing Law and Jurisdiction. This Guaranty has been delivered to nd accepted by the Bank and will be deemed to be made in the Commonwealth of Pennsyiva ia. THIS GUARANTY WILL BE INTERPRETED AND THE RIGHTS AND LIABILITIES OF THE BANK AND HE GUARANTOR DETERMINED IN ACCORDANCE WITH THE LAWS OF COMMONWEALTH OF PENNSYLVA IA, EXCLUDING ITS CONFLICT OF LAWS RULES. The Guarantor hereby irrevocably consents to he exclusive jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylva ia; provided that nothing contained in this Guaranty will prevent the Bank from bringing any aCti n, enforcing any award or judgment or exercising any rights against the Guarantor individually, {A2431294:1) 5 against any security or against any property of the Guarantor within any other county, state or other foreign or domestic jurisdiction. The Guarantor acknowledges and agrees that the venue provided above is the most convenient forum for both the Bank and the Guarantor. The Guarantor waives any objection to venue and any objection based on a more convenient fo m in any action instituted under this Guaranty. 21. WAIVER OF JURY TRIAL. THE GUARANTOR IRREVOCABLY WAIVES AND ALL RIGHT THE GUARANTOR MAY HAVE TO A TRIAL BY JURY IN ANY ACl PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS GUARANTY, DOCUMENTS EXECUTED IN CONNECTION WITH THIS GUARANTY OR TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS. THE GUARAN ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. The Guarantor acknowledges that it has read and understands all the provis of this Guaranty, Including the confession of judgment and waiver of jury trial, and been advised by counsel as necessary or appropriate. WIT NESS the due execution hereof as a document under seal, as of the date fi written above, with the intent to be legally bound hereby. GUARANTOR: Witness: By l SNYDER'S BRUBAKER PROJECT, LP, a Pennsylvania limited partnership By: Snyder's Brubacker Project, LLC, a Pennsylvania limited liability company, its sole general partner Richard J: SyWer, Manager SNYDER'S BRUBACKER PROJECT, LLC, a rennsyi is By Richard J. company , Manager (A2431294:1) 6 INTEGRITY BANK, Plaintiff V. SNYDER' S ROSE PROJECT, LP, SNYDER' S ROSE PROJECT, LLC, SNYDER'S MUSSER PROJECT, LP, SNYDER'S MUSSER PROJECT, LLC, SNYDER' S BRUBAKER PROJECT, LP, SNYDER'S BRUBAKER PROJECT, LLC, RICHARD J. SNYDER, and CAROLE B. SNYDER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN IA C L4?78" (v? ? N o. . i ?-- v; c: ; C3_ 1 . )>C:: ' CIVIL ACTION -LAW _0 :.u CERTIFICATION OF ADDRESSES I, Nedric L. Nissly, hereby certify the following addresses for the Defendants as follows: Snyder's Rose Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Musser Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Brubaker Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Richard J. Snyder 100 Knipe Lane Reading, PA 19607-9440 Snyder's Rose Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Musser Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Brubaker Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Carole B. Snyder 100 Knipe Lane Reading, PA 19607-9440 The following address for the Plaintiff is as follows: Integrity Bank 3314 Market Street, Suite 305 Camp Hill, PA 17011 McNEES WALLACE & NURICK LLC Date: July 3, 2012 By edric L. Niss y PA Attorney I.D. No. 44233 McNees Wallace & Nurick LLC 100 Pine Street - P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 260-173 1 (Direct Fax) (717) 232-8000 (Phone) nnissly_(a),mwn.com Attorneys for Plaintiff Integrity Bank INTEGRITY BANK, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :No. 1,g. `-// 7 e OiVO SNYDER'S ROSE PROJECT, LP, SNYDER' S ROSE PROJECT, LLC, SNYDER'S MUSSER PROJECT, LP, SNYDER'S MUSSER PROJECT, LLC, SNYDER' S BRUBAKER PROJECT, LP, SNYDER' S BRUBAKER PROJECT, LLC, RICHARD J. SNYDER, and CAROLE B. SNYDER, Defendants ca C: ,, r- ? rr r a c y cc; 'a CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE AND LAST-KNOWN ADDRESSES OF RICHARD J. SNYDER AND CAROLE B. SNYDER COMMONWEALTH OF PENNSYLVANIA : DAUPHIN COUNTY SS. The undersigned, being duly sworn according to law, deposes and says that to the best of 1 information and belief, Defendants Richard J. Snyder and Carole B. Snyder is not in the Military Naval Service of the United States or its Allies, or otherwise within the provisions of the Serv Members Civil Relief Act, f/k/a the Soldier's and Sailor's Civil Relief Act of 1940, 50 U.S.C. Al 501, et seq. The Defendants are over eighteen (18) years of age and were last known residing at 1 Knipe Lane, Reading, PA 19607-9440. Nedric issly SWORN and sub ed to before me thi? may caly, 2012. Orr Notary Public t4tigyLVANIA ' CW_ WOW SW My Commission E ires Even M. Pam' CouNn 1, 2014 DOUPW (SEAL) cnv Har Aug. my comm r- INTEGRITY BANK, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA'. No. / X -, q17 SNYDER' S ROSE PROJECT, LP, SNYDER'S ROSE PROJECT, LLC, SNYDER'S MUSSER PROJECT, LP, SNYDER'S MUSSER PROJECT, LLC, SNYDER'S BRUBAKER PROJECT, LP, SNYDER' S BRUBAKER PROJECT, LLC, RICHARD J. SNYDER, and CAROLE B. SNYDER, Defendants CIVIL ACTION - LAW NOTICE UNDER PA.R.C.P. NO. 2958.1 OF JUDGMENT AND EXECUTION THEREON TO: Snyder's Rose Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Musser Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Brubaker Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Richard J. Snyder 100 Knipe Lane Reading, PA 19607-9440 Snyder's Rose Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Musser Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Brubaker Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Carole B. Snyder 100 Knipe Lane Reading, PA 19607-9440 A judgment in the amount of $396,112.54 along with interest from and following June 18, 2012 at the per diem rate of $41.93 until paid in full, plus costs, has been entered against you and i favor of Integrity Bank, in the above captioned case without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. I sheriff may take your money or other property to pay the judgment at any time after thirty (30) day after the date on which this notice is served on you. ?A//, A4 You may have legal rights to defeat the judgment or to prevent your money or property being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE S?T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC Date: July 3, 2012 By Nedric L. Nissly, Esquire Attorney I.D. No. 44233 nnissly@mwn.com 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Integrity Bank INTEGRITY BANK, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SNYDER'S ROSE PROJECT, LP, SNYDER'S ROSE PROJECT, LLC, SNYDER'S MUSSER PROJECT, LP, SNYDER'S MUSSER PROJECT, LLC, SNYDER'S BRUBAKER PROJECT, LP, SNYDER' S BRUBAKER PROJECT, LLC, RICHARD J. SNYDER, and CAROLE B. SNYDER, Defendants No. / 1 7r/ 7 b C U?? ?Gra,?. CIVIL ACTION -LAW NOTICE OF ENTRY OF JUDGMENT ($370,036.00 Loan) TO: Snyder's Rose Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Musser Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Brubaker Project, LP 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Richard J. Snyder 100 Knipe Lane Reading, PA 19607-9440 Snyder's Rose Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Musser Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Snyder's Brubaker Project, LLC 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Carole B. Snyder 100 Knipe Lane Reading, PA 19607-9440 You are hereby notified that on July S , 2012 a judgment by confession was entered each of you in the above-captioned case in favor of Integrity Bank as follows: Principal $355,205.64 Interest 4,592.10 Late Fees 119.03 Satisfaction Fees 216.00 Attorney's Fees (10%) 35,979.77 Total: $396,112.54* *along with interest accruing at the per diem rate of $41.93 from June 18, 2012, until paid in full, plus costs. DATE: PROTHONOTARY INTEGRITY BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 12-4178 SNYDER'S ROSE PROJECT, LP, SNYDER'S ROSE PROJECT, LLC, SNYDER'S MUSSER PROJECT, LP, SNYDER'S MUSSER PROJECT, LLC, SNYDER' S BRUBAKER PROJECT, LP, SNYDER' S BRUBAKER PROJECT, LLC, RICHARD J. SNYDER, and CAROLE B. SNYDER, Defendants c -- rr;- cn r om N r T - O CIVIL ACTION - LAW -s: Y RETURN OF SERVICE PURSUANT TO PA. R.C.P. No. 2958.1(c) Plaintiff, Integrity Bank, hereby files this Return of Service and swears and affirms that persons listed below were served pursuant to Pa. R.C.P. No. 2958.1(b) with the Notice of J and Execution Required by Rule 2958.1 by certified mail, return receipt requested, as provided Pa. R.C.P. No. 403. A copy of each receipt for certified mail is attached hereto. TO: Snyder's Rose Project, LP Snyder's Rose Project, LLC 119 West Lancaster Avenue 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Shillington, Pennsylvania 19607 Snyder's Musser Project, LP Snyder's Musser Project, LLC 119 West Lancaster Avenue 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Shillington, Pennsylvania 19607 Snyder's Brubaker Project, LP Snyder's Brubaker Project, LLC 119 West Lancaster Avenue 119 West Lancaster Avenue Shillington, Pennsylvania 19607 Shillington, Pennsylvania 19607 Richard J. Snyder Carole B. Snyder 100 Looking Glass Lane 100 Looking Glass Lane Reading, PA 19607-9203 Reading, PA 19607-9203 Respectfully submitted, McNEES WALLACE & NURICK LLC Date: July 17, 2012 By edric L. issly, Esquire Attorney I.D. No. 44233 nnissly@mwn.com 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5357 Attorneys for Integrity Bank { 2 Article Number _ CO MPLETE THIS SEC FIUN • A. Plecelved by (Please Print Clearly) B. Da of De ry ' Spnadue erd 7196 9008 9111 4826 9948 ?? addressee delNery a rasa Brent from item 1? ? Yea i M YES, enter a ad re ss below. ? N. I 3. SetviceType CERTFIEDMALLM 4. Restricted Delvery? pft Fee) Dyes 1. Amide Addressed to: Richard J. Snyder 100 Looking Glass Lane Reading, PA 19607-9203 21328-0124 3029 it-?rta i PS Form 3811, January 2005 DOntesdc Return ReoeiPt ? 2. Artide Number K'fillbelved by (Please Pft Clearly) B. ry C. Sipna?re 7196 9008 9111 4827 291 D. different frwA rem 1? ?Yes N YES, address below. ? No 3. Servioe Type CERTIFIED MAIL- I 4. Restricted Delvery? P*8 Fee) 1. Ankle Addressed to: Carole B. Snyder 100 Looking Glass Lane Reading, PA 19607-9203 21328-0124 3029 ' PS Form 3811, Jams ary 2005 Domestic Return Receipt ` ?tt t 2. Article Number _ -" - A. Rsoswed by (Paw PeYlt g, ? / 7196 9008 9111 48 26 9870 ?Agent addresse Q Is delwsry address dtterent from item 1? e ? Yea MYES, ever deWery address bebw: ? No 3. Service lype CERTIFIED MA TN 4. PHISU f4ed Delvery9 Mft Fee) Elves 1. Amide Addressed to: Snyder's Rose Project, LP 119 West Lancaster Avenue Shillington, PA 19607 21328-0124 3029 PS Form 3811, Jams 2005 arY bomefitic Return Receipt IZ-?{ q, 2. A do. Num:er COMPLETE THIS SECTION ON DEL WERY A. ReceWd by (Please Print C early) B. Date Dell ry Agent 7196 9008 9111 4626 9900 + t' ?Addressee D. Is delhrery address different from item 17 ? yes YE$, enter delivery address below: [] No 3. Service Type CERTIFIED IWLTH 4. Re ;;Dd Delivery? (E)" Fee) ?yes 1. Artlcle Fddressed to: 3 Snyder's Musser Project, LLC 119 Wet Lancaster Avenue Shillington, PA 19607 21328-0124 i I 3029 Form 3811, January 2005 Dom W Retum gec 2 ArHda NI;imhor 21328-0124 3029 7196 9008 9111 4826 9894 3- Service Type CERTFED UAL- E 1. At" /Addressed to Snyder's Musser Project, LP 119 West Lancaster Avenue Shillington, PA 19607 ks&&m? a b deawry address dWarm from Item 12 If YES, enter M my address below: 21328-0124 3029 7r f 71" ?nad ? yes No PS Form 3811, January 2005 Domesdo Return Z 111111111111111111111111111111111111- 7196 9008 9111 4826 9924 3 Service Type CERIWEDIIALLTN 4. PmMic ed D~ (Eft Fee) 1. Artlde Addressed to: Snyder's Brubaker Project, LLC 119 West Lancaster Avenue Millington, PA 19607 I PS Form 3811 January 2005 DMxWo I 7196 9008 9111 4826 9917 3. Service Type CERTIFIED UAL- 4. Reebicbd DeAi W JBft Fee) []Yes', 1. Ardde Addressed to: Snyder's Brubaker Project, LP 119 West Lancaster Avenue Shillington, PA 19607 A. Re &W by D. k deht?ery address dff m t from hen 1? U YEA enter deK" address below; 21328-0124 3029 D. is dWh" address &Uut korn hem I? IVES, enmr dWvwy address below: 21328-0124 3029 !77t';*, Y" No Y" No 1, January 2005 Domesdc Retum