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HomeMy WebLinkAbout12-6611Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth l~. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MAKTSON LAW OFFICES 0 East High Street Carlisle. P~ 170] 3 (717)243-3341 Attorneys for Plaintiff ~_ ~ c~ ~ `w ~' _~ z r'~' ~ + r-n r.." -v ~ ~;~ -- sus cn~ N ~ . ~- C:, ~,. ~ -rs ~ c' ° r -~ ~ ,~ ~ j ~~ ~ .~ _.< ~ ME1~~IBERS 1~` FEDERAL CREDIT UNION, Plaintiff v. JOHN S. LINN and ANNA MAE LINN, Defendants IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 6 G ~~ CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and tiling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF Y OU DO NOT :HAVE A I_.AWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BI~L.OW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWY"ER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICI=:S TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: l [~ YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LA~~'YE~,R Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /d.~. 7S ~~ ~7 i ~~ ~~` x-431! ~ _-%' ~'~"1~~- 3 SoI- NOTICE REQUIRED UNDER THE FA[R DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) AND- THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. §201, ET SEQ. ("THE ACTS") To the extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. ~'". The Plaintiff who is named in the attached Complaint is a Creditor to whom the debt is owed. The Creditor's law firm, Manson Deardorff Williams Otto Gilroy & Faller, is tiling this Complaint on behalf of the Creditor. The debt described in the Complaint attached hereto and evidenced by the copies of the note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s). within thirty (30) days after receipt of this notice. disputes the validity of the debt or some portion thereof. ~. If the Debtor(s) notifies the Creditor's law firm within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's lawfirm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor(s) by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not ~lYe original Creditor, and if the Debtor(s) makes a request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor(s) by the Creditor's law firm. ~6. Requests can be made to: MAR,TSON DEARDORFF WILLIAM~> OTTO GILROY & FALLER Attn: Christopher E. Rice, Esquire 10 East High Street Carlisle, PA 17013 (717)243-3341 THIS DOCUMENT MAY BE CONSTRUEll AS AN ATTEMPT TO COLLECT A DF,BT FOR THE PLAINTIFF AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ('hristopher E. Rice, Esquire ~'- ~' Attorney I.D. No. 90916 ~,~~~ ~ ~-~ R. Christopher VanLandingham, Esquire ~~~; =a ~~ Attorney I.D. No. 307424 «`~' e,~ '~' "I'SON DEARDORFF WILLIAMS OTTO GILROY ~, FALLER MAR _~; ~ ~--=~- cn ~ ...> •~ ~~ y . MARTSON LAW OFFICES :~~ ~~, ~' { ;, _ ~,.g ~ ~ ~ l0 East Iligh Street r~~c1 ~~ ~ .' _i`~ PA 17013 Carlisle ~':i .. -=- ''" , (717)243-3341 ~~ ~~ Attorneys for Plaintiff MEMBERS I~` FEDERAL CREDIT l1NION, Plaintiff v. JAMF,S R. LINK and Rt~F`INA I3. SAL,AS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY]_VANIA NO. 2012 - (~ (~ ~~ CIVIL TERIV9 NOTICE OF RESIDENTIAL MORTGAGE ~ORECLOSI7RE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to l~,~se your home. I f you own and live in the residential property which is the sub~~ect of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 251(1 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representati~-~~ within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan rf;solution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days o~~.'the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal ca:n be prepared on yaurbehalf. If you and y our lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be~ filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY" AND TAKE THF. STEPS REQLiIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: MARTSON LAW OFFICES Date : 1 ~ ~ l 5 / 1 x BY ~,.~~~~~r/r , --~ - - Christo~pher E. Rice, Esqui ~° I.D. No. 90916 Seth T. Mosebey, Esquire LD. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Cumherland County Residential Mortgage Foreclosure Di~~ersiou Program Financial Worksltee# Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete~your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sate? Realtor Name: Borrower Occupied? iVlailing Address (if different} City: Phone i~lumbers Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: _ Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Prirnary Reason for Default: Home: Cell: Office: Other: Z~p~ How Lang? Date You Closed Your Loan: _______ _-_ --_ State:, Zip: ____ Yes ^ No ^ Listing date: _Priee: $_^_____ Realtor Phone: Yes ^ No ^ --_- Home: Ce11: State: Zip: Office: Other: How long? ____. State: Included Taxes &c Insuranre: Is the loan in Bankruptcy`? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ ,_ Other Real Estate: $ $ Retirement Funds: $ ~ $ _ investments: $ $ _ Checking: $ $ _. Savings: $ $ Other: $ $ ,~ Automobile #1; Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles. boats, motorcycles): Model:, Year: Amount owed: Value_ Monthly Income Name of Employers: 1. 2. _ 3. Additional Income Description (not wages): 1. monthly amount: _ 2, monthly amount: _ Borrower Pay Days: Co-Borrower Pay Days: _ Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 Mort Utilities ' Car Pa ens Condo/Nei .Fees Auto Insurance Med. not covers Auto fuel/re airs Other ro . a ent Install. Loan Pa ent Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/I'uit. Other Ex erases _i_ Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been. working with a Housing Counseling Agency? Yes ^ No [~ if yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax:_ Year: Year: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ^ 'vTo ^ if yes, please indicate the status of the application: Have you had any prior negotiations with your (ender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ If yes, please indicate the status of those negotiations; Please provide he following information, if know, regarding your lender or Ier_der"~~ loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact; Phone: Phone: 1/We _ ,authorize the above named to use/refer this information to my lender./servicer for the sole purpose ofevaluating my financial situation for possible mortgage options, U~~e understand that l/we am/are under no obligation to use the services provided by the above mined Borrower Signature bate Co-Iorrower Signature Date Please t'orward this document along with the following information to Iender and lender's counsel: Proof' of income V Past 2 bank statements V Proof of Any expected income for the last d5 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship latter) ~1 Listing agreement (if property is currently on the market} P FILES ilieNS I I ~'C~ Members st' I I-170 CurrentU 1470.222 Consiniction Servlces.LinnA114 C_'2'-.com2upd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth "['. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DF,ARDORFF WILLIAMS OTTO GILR<)Y & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, P.A 1701; 1717) 243-3341 Attorneys for Plaintiff MEMBERS 1`` FEDERAL CREDIT ~JNION, IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. JOHN S. LINN and ANNA M.AE LINN, Defendants NO. 2012 - ~ ~ J~ CIVIL TERIvI COMPLAINT IN MORTGAGE FORECLOSURE AND NC>W, comes the Plaintiff, Members 1~' Federal Credit Union, by and through its attorneys, Martson Law Offices, and files this Complaint in Mortgage Foreclosure against Defendants. John S. Linn and Anna Mae Linn, and in support thereof avers as follows: 1. Plaintiff, Members 1 ~` Federal Credit Union ("Plaintiff"), is a federal ly chartered credit union located at X000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant John S. Linn is an adult individual with a last known address n f 1370 Kiner Road, Carlisle, Pennsylvania 17015. 3. Defendant Anna Mae Linn is an adult individual with a last known :~~ddress of 1370 Kiner Road, Carlisle, Pennsylvania 17015. 4. On May 7, 2007, Construction Services Unlimited, LLC, executed various loan documents, including a Credit Agreement and Disclosure ("Credit Agreement") in the principal amount of $30.00(1.00, in fa~~or of Plaintiff and, among other things, agreed to make 3.5 nu~nti~aly payments consisting of finance charges and one balloon payment on or before April 30, 2010, in satisfaction of the principal balance. A true and correct copy of the Credit Agreement is attached hereto and incorporated herein as Exhibit "A." 5. By virtue oftwo Credit Agreement and Disclosure Change in Terms Agreements entered into between Plaintiff and Construction Services Unlimited, LLC, the Hine of credit established by the Credit Agreement was increased to $90,000.00. True and correct copies of the Credit Agreement and Disclosure Change in Terms Agreements are attached hereto and incorporated herein as I-~:xhibit "B."' 6. In consideration for the Credit Agreement, Defendants John Linn and ~=\nna Mae Linn, executed an Open-End Mortgage in favor of Plaintiff encumbering the real property located at 1370 Kiner Road, Carlisle, Pennsylvania ("Mortgage"). A true and connect copy of the Mortgage is attached hereto as Exhibit "C" and is incorporated herein by reference. 7. The Mortgage was recorded on May 9, :2007, in the Recorder of Ueeds Office for Cumberland County, Pennsylvania at Deed Book 1991, Page 2661. 8. On August 24, 2007, John and Anna MaE: Linn executed a Modification of Mortgage increasing the amount secured by the Mortgage to $SO,C100.00. The 1v/Iodification of Mortgage was recorded on August .3 I , 2007, at Instrument Number 2007341 ?9 in the Recorder of Deeds Office for Cumberland County, Pennsylvania. A true and correct copy of the Modification of Mortgage is attached hereto as Exhibit "D" and is incorporated herein by reference. 9. On October 10, 2007, John Linn and Anna Mae Linn executed a Modification of Mortgage increasing; the amount secured by the Mortgage to $90,000.00. The Modification of Mortgage was recorded on October 15, 2007, at lnstrument Number 200739414 in the Recorder of Deeds Ofi ice for Cumberland County, Pennsylvania. A true and correct copy of the Modif cation ®f Mortgage is attached hereto and incorporated herein as Exhibit "E." 1 U. Defendants are the owners of the real property located at 1370 miner Boulevard, Carlisle, Pennsylvania (the ``Property") 1 1 The Mortgage has not been assigned. l ? Plaintiff knows of no other persons holding an ownership interest in the Property. l 3 . Construction Services Unlimited, LLC, has defaulted under the Credit Agreement, by and including, but not limited to, allowing a material adverse change in its financial condition, and failing to make payments as required under the Credit Agreement. 14 As authorized under the Credit Agreement and/or Mortgage, Plaintifl~has declared the unpaid balance of the Credit Agreement immediately due and payable. l 5 The total sum due and owing under the Credit Agreement, as of September 8, 2012,, is itemized as follows: Principal Late Fees Interest (through 9/8/2012) Costs of Suit (estimated) Attorney Fees Total.: $ 89,938.93 $ 50.00 $ 1,464.74 $ 500.00 $ 8,99 3.89 $1 g0,947.56* *Plus interest per diem at $9.24, along with additional costs and fees incurred, until paid in full. 16_ Plaintiff specifically reserves the right to Increase the Costs of Suit and Attorney Fees listed above should additional services be requested and,/or costs/charges/fees be ineui-red as a result of the. collection of the money owed and foreclosure of the Property. 17. Plaintiff has complied with the provisions of Section 403 of Act No. 6.41 P.S. § 403. WHEREFORE, Plaintiff, Members 1 sr Federal Credit Union, demands j udgrnent against Defendants John S. Linn and Anna Mae Linn under the 1\~Iortgage in the amount of $100,~;~47.56, plus interest from September 8, 2012, at the rate of $9.24 per day until the debt is paid in full. MARTSON LAW OFFICES By'~C/~" - ~ ~ - - Christopher E. Rice, Esq I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 _ (717) 243-3341 Date: ~! ~' ~ ~ 5 ~f t Attorneys for Plaintiff EXHIBTT "A" CREC AGREEMENT AND DISCl.O' ~E PtlnCipal Loam Date M~turify > ~oan_No call ~ Coll ; .' ; AGcotzrt~ OffPGal' ftttti~fg ; 330,000.00 05-07-2002 04-30-20'! 0 *~+~~* References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "•'"" has been omitted due to text length limitations. BOrrowef: Construction Services Unlimited, LLC Lender: Members 1st Federal Credit Union 1366 Kiner Blvd ATTN: Small Business Lending Carlisle , PA 17015 5000 Louise Drive Mechaniicsburg, PA 17055 CREDIT LIMIT: 330,000.00 DATE OF AGREEMENT: May 7, 2007 introduction. This Credit Agreement and Disclosure 1"Agreement") governs Borrower's line of credit (the "Credit Line" ar the "Credit Line Account"1 issued through Members 1st Federal Credit Union. Borrower agrees to the following terms and conditions: Promise to Pay. Borrower promises to pay Members 1st Federal Credit Union, or order, the total of all credit advances and FINANCE CHARGES together with all costs and expenses for which Borrower is responsible under this Agreement or under security agreements which secure Borrower's Credit Line. Borrower will pay Borrower's Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means Lender can require arry Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. Lender can release any Borrower from responsibility under this Agreement, and the others will rerrrain responsible. Term. The term of Borrower's Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until April 30, 2010 ("Maturity Date"). Ali indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of Borrower's Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania, following the perfection of the Mortgage, and the meeting of all of Lender's other conditions. Borrower may obtain credit advances during this period 1"Draw Period"1. Borrower agrees that Lender may renew or extend the period during which Borrower may obtain credit advances or make payments. Borrower further agrees that Lender may renew or extend Borrower's Credit Line Account. Minimum Payment. Borrower's "Regular Payment" will equal the amount of Borrower's accrued FINANCE CHARGES or 550.00, whichever is greater. Borrower will make 35 of these payments. Borrower will then be required to pay the entire balance owing in a single balloon payment. If Borrower makes only the minimum payments, Borrower may not repay any of the principal balance by the end of this payment stream. Borrower's payments will be due monthly. An increase in the ANNUAL PERCENTAGE RATE may increase the amatant of Borrower's Regular Payment. In any event, if Borrower's Credit Line balance falls below $250.00, Borrower agrees to pay Borrower's balance in full. Borrower agrees to pay not less than the Minimum Payment on or before the due data. Balloon Payment. Borrower's Credit Line Account is payable in full upon maturity in a single balloon payment. Borrower must pay the entire outstanding principal, interest and any other charges then due. Unless otherwise required by applicable law, Lender is under no obligation to refinance the balloon payment at that time. Borrower may be required to make payments out of other assets Borrower owns or find a lender, which may be Lender, willing to lend Borrower the money. If Borrower refinances the balloon, Borrower may have to pay soma or all of the closing costs normally associated with a new credit line account, even it Borrower obtains refinancing from Lender. Haw Borrower's Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to late charges and other charges; then to any amounts that exceed Borrower's Credit Limit; then to any voluntary r;redit life and disability insurance premiums; then to Finance Charges; and then to unpaid principal. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Thirty Thousand & 00!100 Dollars ($30,000.00), which will be Borrower's "Credit Limit" under this Agreement. Borrower may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Borrower's Credit Limit is the maximum amount Borrower may have outstanding at any one time. Borrower agrees not to attempt, request, or obtain a credit advance that will make Borrower's Credit Line Account balance exceed Borrower's Credit Limit. Borrower's Credit Limit will not be increased should Borrower overdraw Borrower's Credit Line Account. If Borrower exceeds Borrower's Credit Limit, Borrower agrees to repay immediately the amount by which Borrower's Credit Line Account exceeds Borrower's Credit Limit. Any amount greater than the Credit Limit wilt be secured by the security agreement covering Borrower's property. Charges to Borrower`s Credit Line. Lender may charge Borrower's Credit Line to pay other fees and costs that Borrower is obligated to pay under this Agreement, the Mortgage or any other document related to Borrower's Credit Line. In addition, lender may charge Borrower's Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. Lender may also, at Lender's option, charge Borrower's Credit Line to pay any costs or expenses to protect or perfect Lender's security interest in Borrower's property. These costs or expenses include, without limitation, payments to cure defaults under any existing liens ern Borrower's property. If Borrower does not pay Borrower's property taxes, Lender may charge Borrower's Credit Line and pay the delinquent taxes. Any amount: so charged to Borrower's Credit Line will be a credit advance and will decrease the #unds available,. if any, under the Credit Line. However, Lender has no obligation to provide any of the credit advances referred to in this paragraph. Ef#ective Disbursement Date. The words "Effective Disbursement Date" as used in this Agreement mean a date, after the Opening Date, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania following the perfection of Lender's security agreements and the meeting of al( of Lender's other conditions. Borrower agrees and understands that Borrower may not receive any credit advance under Borrower's Credit Line until after the Effective Disbursement Date of this Agreement. Credit Advances. After the Effective Disbursement Date of this Agreement, Borrower may obtain credit advances render Borrower's Credit Line as follows: Telephone Request. Requesting a credit advance from Borrower's Credit Line to be applied 'to Borrower's designated account by telephone. "except #or transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, Borrower acknowledges and Borrower agrees that Lender does not accept responsibility for the authenticity of telephone instructions and that Lender will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. Requests By Mail. Requesting an advance by mail, Requests in Person. Requesting a credit advance in person at any of Lender's authorized locations. CF IIT AGREEMENT AND DISCLOSI . Loan. No: (Continued) Page 2 if there is more than one person authorized to use this Credit Line Account, Borrower agrees not to give Lender conflicting instructions, such as one Borrower telling Lender not to give advances to the other. Transaction Requirements. The following transaction limitations will apply to the use of Borrower's Credit Line: Request By Mail, In Person Request and Telephone Request Limitations. There are no transaction limitations for requesting an advance by mail, requesting an advance in person or requesting an advance by telephone. Future Credit Line Services. Borrower's application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of Lender's services in connection with this Credit Line. Borrower understands that this request is voluntary and that Borrower may refuse any of these new services at the time they are offered. Borrower further understands that the terms and conditions of this Agreement, together with any specific terms covering the new service, will govern any transactions made pursuant to any of these new services. Collateral. Borrower acknowledges this Agreement is secured by the following collateral described in the security instruments listed herein: IA) a Mortgage dated May 7, 2007, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. IB) an Assignment at All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. IC) inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated May 7, 2007. Insurance. Borrower must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to Lander. Borrower may obtain property insurance through any company of Borrower's choice that is reasonably satisfactory to Lender. Borrower has the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by Borrower, subject to Lender's right, for reasonable cause before credit is extended, to decline any insurance: provided by Borrower. Subject to applicable law, if Borrower fails to obtain or maintain insurance as required in the Mortgage, Lender may purchase insurance to protect Lender's own interest, add the premium to Borrower's balance, declare the loan in default, or do any one or more of these things. Statutory Lien. Borrower agrees that all credit advances Borrower receives under the plan are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender to apply the balance in these accounts to pay any amounts due under this Agreement when Borrower is in default under this Agreement. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under Borrower's Credit Lline will begin to accrue on the date credit advances are posted to Borrower's Credit Line. There is no "free ride period" which would allow Borrower to avoid a FINANCE CHARGE on Borrower's Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A rttonthly FINANCE CHARGE will be imposed on all credit advances made under Borrower's Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, Lender takes the beginning balance of Borrower's Credit Line Account each day, add any new advances and subtract any payments or credits. This gives Lender a daily balance. Than, Lender adds up all the daily balances for the statement cycle and divides the total by the number of days in the statement cycle. This gives Lender the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the monthly "Periodic Rate" to the balance described herein, This is Borrower's FINANCE CHARGE calculated by applying a Periodic Rate. Borrower also agrees to pay FINANCE CHARGES, not calculated by applying a Periodic Rate, as set forth below: Minimum FINANCE CHARGE. In any event, including payment of the Credit Line balance in full, Borrower may have to pay a Minimum FINANCE CHARGE of 50.50. This fee will be charged as follows: Monthly. Annual Review Fee. At the time of an annual review of Borrower's Credit Line Account Borrower will be charged a fee as follows: 0.00. Prriodic Rate and Corresponding ANNUAL PERCENTAGE RATE. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line are subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"1. This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy c;orporate customers. This rate may or may not be the lowest rate available from Lender at any given time. The ANNUAL PERCENTAGE RATE on Borrower's Credit Line: is based upon the Index and the margin described below 1"Margin"I. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Lime will increase or decrease as the Index increases or decreases from time to time. Lender will determine the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE as follows: Lender starts with the current Index and then adds a certain Margin as disclosed below. To determine the Periodic Rate that will apply to Borrower's account, Lender adds a margin to the value of the Index, then divides the value by 12 (monthly). To obtain the ANNUAL PERCENTAGE RATE Lender multiplies the Periodic Rate by 12 (monthly). This result is the ANNUAL PERCENTAGE RATE. In no event will the corresponding ANNUAL PERCENTAGE RATE be less than 3.000% per annum or more than the Vesser of 18.000°~ or the maximum rate allowed by applicable law. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect the first business day after a payment is made following a change in interest rates. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 3.000 percentage points. Today the Index is 8.250% per annum, and therefore the initial ANNUAL PERCENTAGE RATE and the corresponding Periodic Rate on 9orrower's Credit Line are as stated below: Current Rates for the First Payment Stream Range of Balance or Conditions Margin Added to Index ANNUAL. PERCENTAGE Monthly Periodic RATE Rate All Balances 0.500% 8.750% (.1.72917% Notwithstanding any other provision of this Agreement, Lender will not charge interest on any wndisbursed loan proceeds. Forgo Rate Increases. If we forge an ANNUAL PERCENTAGE RATE increase, at the time of a later adjustment we mad return to the full Index value plus margin. Conditions Under Which Other Charges May Be Imposed. Borrower agrees to pay all the other fees and charges related to Borrower's Credit pine as set forth below: CF IT AGREEMENT AND DISCLOSE Loan No: (Continued) Page 3 Fee to Stop Payment. Borrower's Credit Line Account may be charged 530.00 when Borrower requests a steF, payment on Borrower's account. Late Charge. In addition to Lender's rights upon default, Borrower's payment will be Tate if it is not received by Lender within 15 days after the "Payment Due Date" shown on the voucher Borrower receives with each credit advance. If Borrower's payment is late Lender may charge Berrower 5.000% of the unpaid amount of the payment or 525.00, whichever is greater. Lien Release Fees. In addition to all other charges, Borrower agrees, to the extent not prohibited by law, to pay all governmental fees for release of Lender's security interests in collateral securing Borrower's Cred'st Line. Borrower will pay these fees at ttie time the lien or liens are released. The estimated amount of these future lien release fees is 575.00. Security Interest Charges. Borrower agrees to pay all security interest charges related to Borrower's Credit Line as set forth below: United One Resources S 35.00 Loan Document Fee 5275.00 Flood Determination S 15.00 United One UCC Search 538.00 TaxTrax 590.00 Recording Fee 575.50 UCC Filing S 84.00 Total 5612.50 Right to Credit Advances. After the Effective Disbursement Date, Lender will honor Borrower's requests for credit advances up to Borrower's Credit Limit so long as: (AI Borrower is not in default under the terms of this Agreement; (B) this Agreement has not been terminated or suspended; and ICI Borrower's Credit Line has not been cancelled as provided above in the section of this Agreement titled "Term." Default. Lender may declare Borrower to be in default if any one or more of the following events occur: (A) Borrower fails to pay a Minimum Payment when due; IB) an event of default occurs under the security agreement for the Property; (C) the Property is further encumbered in any way, voluntarily or involuntarily; ID) Borrower dies; IEI Borrower makes any false or misleading statements on Borrower's Credit Line application; IF) Borrower violates any provision of this Agreement or any other agreement with Lender; (G- any garnishment, attachment, or execution is issued against any material asset owned by Borrower; IH) Borrower exceeds Borrower's Credit Limit; 11) Borrower files for bankruptcy or other insolvency relief, or an involuntary petition under the provisions of the Bankruptcy Code is filed against Borrower; (JI Lender in good faith believes itself insecure. Lender's Rights. If Borrower is in default, Lender will send notice to Borrower setting forth a time period of at least thirty 130) days within which such default may be cured. During this cure period, without notice, Lender may suspend Borrower's Credit Line as provided below. If such default is not cured during this period, Lender may either terminate or continue suspension of Borrower's Credit Line Account. Suspension. If Lender suspends Borrower's Credit Line, Borrower will lose the right to obtain further credit advances. However, all other terms of this Agreement will remain in effect and be binding upon Borrower, including Borrower's liability for any further unauthorized use of any Credit Line access devices. Termination. If Lender terminates Borrower's Credit Line, Borrower's Credit Line will be suspended and the entire unpaid balance of Borrower's Credit Line Account will be immediately due and payable, without prior notice except as may be required by law, and Borrower agrees to pay that amount plus all FINANCE CHARGES and other amounts due under this Agreement. Collection Costs. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law Rate Increase. In addition to Lender's other rights on default, Lender may increase the variable interest rate under this Agreement to 15.000 percent per annum. The interest rate will not exceed the maximum rate permitted by applicable law. If Lender does not increase the interest rate on default, it will continue at the variable rate in effect as of the date Lender declares a default. Delay in Enforcement. Lender may delay or waive the enforcement of any of Lender's rights under this Agreement without losing that right or any other right. If Lender delays or waives any of Lender's rights, Lender may enforce that right at any time in the future without advance notice. For example, not terminating Borrower's account for npn-payment will not be a waiver off Lender's right to terminate Borrower's account in the future if Borrower has not paid. Termination by Borrower. If Borrower terminates this Agreement, Borrower must notify Lender. Despite termination, Borrower's obligations under this Agreement will remain in full force and effect until Borrower has paid Lender all amounts due under this .Agreement. Prepayment. Eorrower may prepay all or any amount owing under this Credit Liine at any time without penalty, except Lender will be entitled to receive the Minimum FINANCE CHARGES as stated above and to receive all accrued FINANCE CHARGES, and other charges, if any. Payments in excess of Borrower's Minimum Payment will not relieve Borrower of Borrower's obligation to continue to make Borrower's Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Lune. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Members 1st Federa~ Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. Notices. All notices wilt be sent to Borrower's address as shown in Borrower's Credit Line application. Notices will be mailed to Borrower at a different address if Borrower gives Lender written notice of a different address. Borrower agree;. to advise Lender promptly if Borrower changes Borrower's mailing address. Annual Review. Borrower agrees that Borrower will provide Lender with a current financial statement, a new credit application, or both, annually, on forms provided by Lender. Based upon this information Lender will conduct an annual review of Borrower's Credit Line Account. Borrower also agrees Lender may obtain credit reports on Borrower at any time, at Lender's sole option and expense, for any reason, Including but not limited to determining whether there has been an adverse change in Borrower's financial condition. Lender may require a new appraisal of the Property which secures Borrower's Credit Line at any time, including an internal inspection, at Lender's sole option and expense. Borrower agrees to pay the annual review fee shown above. Borrower authorizes Lender to release information about Borrower to third parties ae', described it '_ender's privacy policy and Lender's Fair Credit Reporting Act notice, provided Borrower did not opt ou' of the applicable policy, CF IT AGREEMENT AND DISCLOSE Loan No: (Continued} Page 4 or as permitted by law. Based upon a material adverse change in Borrower's financial condition Isuch as termination o! f;mployment or loss of incomel. Lender may suspend Borrower's Credit Line. Transfer or Assignment. Without prior notice or approval from Borrower, Lender reserves the right to sell or transfer Borrower's Credit Line Account and Lender's rights and obligations under this Agreement to another lender, entity, or person, and to assign Lender's rights under the Mortgage. Borrower's rights under this Agreement belong to Borrower only and may not be transferred or assigned. Borrower's obligations, however, are binding on Borrower's heirs and legal representatives. Upon any such sale or transfer, Lender will have no further obligation to provide Borrower with credit advances or to perform any other obligation under this Agreement. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Piease notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracylies) should be sent to us at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. Jury Waiver. Lender and Borrower hereby waive the right to any jury trial in any action, proceediing, or counterclaim brought by either Lender or Borrower against the other. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to than extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. Borrower agrees that this Agreement, together with the Mortgage, is the best evidence of Borrower's agreements with Lender. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. If Lender goes to court for any reason, Lender can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what Borrower owes Lender or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. Borrower agrees that, except to the extent Borrower can show there is a billing error, Borrower's most current periodic statement is t:he best evidence of Borrower's obligation to PaY• Severability. If a court of competent jurisdiction finds any provision of this Agreement to 6e illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of arty provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Arbitration. Borrower and Lander agree that all disputes, claims and controversies between thertt whether individual, joint, or class in nature, arising from this Agreement or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Confession of Judgment. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THE CREDIT LINE ACCOUNT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE CREDIT LINE ACCOUNT, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL 8E SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED 8Y ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY V~IAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS COIJFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDF_PENDENT LEGAL COUNSEL. Acknowledgment and Amendments. Borrower understands and agrees to the terms and conditions in this Agreement. Borrower acknowledges that, subject to applicable laws, Lender has the right to change the terms and conditions of the Credit Line program, including without limitation, the Margin. if Lender changes the Periodic Rate and subsequent new credit advances are made under this Agreement, the entire balance will be subject to the new rates. Borrower also understands and agrees that Borrower may be subject t:o other agreements with Lender regarding transfer instruments or access devices which may access Borrower's Credit Line. Any person signing below may request a modification to this Agreement, and, if granted, the modification will be binding upon all signers. By signing this Agreement, Borrower acknowledges that Borrower nas read this Agreement. Borrower also acknowledges receipt of a completed copy of this Agreement. CF IIT AGREEMENT AND DISCLOSI Loan ,No: ~ `• ~ ~' (Continued) Page 5 This Agreement is dated May 7, 2007. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AIVO SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CONS CT10N SERVICE UNLIMI D, C gy; ~~ L--~i' (Seal) a es R. Linn, Member struction Services invited, LLC ACCEPTED: MEMBERS 1ST FED AL CREDIT UNION -"~ (Seal) ey• orized Signer Effective Disbursement Date: LRSEP PPO ~anJng, Vr. 5.73.OO.OW Cope, NulanJ F.,aneiM $olu,nr,a, Ina. 1997, 2007. ~tl Pphb Nawvad. ~ PA C:ICOMME.IICIAL\CFIWl1D46.FC !T~16f9 PP-13 EXHIBIT `B" CREDIT AGREEMENT ~dD DISCLOSURE CHANGE II[ ^ERMS AGREEMENT References m the shaded area are~for Lender s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing "•"•" has_been omitted due to text length limitations. ~~ BOft'OWer: Construction Services Unlimited, LLC 1366 Kiner Blvd Carlisle , PA 17015 Lender: Memberrs 1st Federal Credit Urtion ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 CREDIT LIMIT: 530,000.00 DATE OF AGREEMENT: August 24, 2007 Description of Existing Indebtedness. Interest only line of credit 302280-01. Description of Collateral. 1st mortgage on real estate located at 1370 Kiner Rd., Carlisle, PA 17013. Description of Change In Terms. Increasing line of credit from 530,000.00 to 550,000.00. Line of credit will expire on 05107!2010; all other orginal terms, rates and conditions apply. Introduction. This Credit Agreement and Disclosure ("Agreement") governs Borrower's line of credit Ithe "Credit Lana" or the "Credit Line Account'°) issued through Members 1st Federal Credit Union. Borrower agrees to the following terms and conditions: Promise to Pay. Borrower promises to pay Members 1st Federal Credit Union, or order, the total of all credit advances and FINANCE CHARGES together with all costs and expenses for which Borrower is responsible under this Agreement or under security agreements which secure Borrower's Credit Line. Borrower will pay Borrower's Credit Line according to the payment terms set forth below, If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means Lender can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things necessary to carry out the terms of this Agreement. lender can release any Borrower from responsibility under this Agreement, end the others will remain responsible. Term. The term of Borrower's Credit Line will begin as of the date of this Agreement ("Opening Date") and will continue until May 7, 2010 1"Maturity Date"-. All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of Borrower's Credit Line will begin on a date, after the Opening Data, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania, following the perfection of the Mortgage, and the meeting of all of Lender's other conditions. Borrower may obtain credit advances during this period 1"Draw Period"). Borrower agrees that Lender may renew or extend the period during which Borrower may obtain credit advances or make payments. Borrower further agrees that Lender may renew or extend Borrower's Credit Line Account. Minimum Payment. Borrower's "Regular Payment" will equal the amount of Borrower's accrued 1=1NANCE CHARGES or 550.00, whichever is greater. Borrower will make 35 of these payments. Borrower will then be required to pay the entire balance owing in a single balloon payment. If Borrower makes only the minimum payments, Borrower may not repay any of the principal balannce by the end of this payment stream. Borrower's payments will be due monthly. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of Borrower's Regular Payment. In any event, if Borrower's Credit Line balance falls below. 5250.00, Borrower ayrees to pay Borrower's balance in full. Borrower agrees to pay not less than the Minimum Payment on or before the due date. Balloon Payment. Borrower's Credit Line Account is payable in full upon maturity in a single balloon payment. Borrawer must pay the entire outstanding principal, interest and any other charges then due. Unless otherwise required by applicable law, Lender is under no obligation to refinance the balloon payment at that time. Borrower may be required to make payments out of other assets Borrower owns or find a lender, which may be Lender, willing to lend Borrower the money. If Borrower refinances the balloon, Borrower may have to pay some or all of the closing costs normally associated with a new credit line account, even if Borrower obtains refinancing from Lender. How Borrower's Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to late charges and other charges; then to any amounts that exceed Borrower's Credit Limit; then to any voluntary credit life and disability insurance premiums; then to Finance Charges; and then to unpaid principal. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Thirty Thousand & 00/100 Dollars 1$30,000.00), which will be Borrower's "Credit Limit" under this Agreement. Borrower may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Borrower's Credit Limit is the maximum amount Borrower may have outstanding at any one time. Borrower agrees not to attempt, request, or of7tain a credit advance that will make Borrower's Credit Line Account balance exceed Borrower's Credit Limit. Borrower's Credit Limit will not be increased should Borrower overdrew Borrower's Credit Line Account. If Borrower exceeds Borrower's Credit Limit, Borrower agrees to repay immediately the amount by which Borrower's Credit Line Account exceeds Borrower's Credit Limit. Any amount greater than the Credit Limit will be secured by the security agreement covering Borrower's property. Charges to Borrower's Credit Line. Lender may charge Borrower's Credit Line to pay other fees and costs that Borrawer is obligated to pay under this Agreement, the Mortgage or any other document related to Borrower's Credit Line, In addition, Lender rrray charge Borrower's Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Ins,urance" below or as described in the Mortgage for this transaction. Lender may also, at Lender's option, charge Borrower's Credit Line to pay any costs or expenses tc protect or perfect Lender's security interest in Borrower's property. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on Borrower's property. If Borrower does not pay Borrower's property taxes, Lender may charge Borrower°s Credit Line and pay the delinquent taxes. Any amount so charged to Borrower's Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line. However, Lender has no obligation to provide any of the credit advances referred to in this paragraph. Effective Disbursement Date. The words "Effective Disbursement Date" as used in this Agreement mean a date, after the Opening Date, when the Agreement is accepted by lender in the Commonwealth of Pennsylvania following the perfection of Lender's security agreements and the meeting of al! of Lender's other conditions. Borrower agrees and understands that Borrower may not receive any credit advance under Borrower's Credit Line until after the Effective Disbursement Date of this Agreement. Credit Advances. After the Effective Disbursement Date of this Agreement, Borrower may obtain credit advances under I3orrowar's Credit Line as follows: Telephone Request. Requesting a credit advance from Borrower's Credit Line to be applied [o Borrower's desiranatad account by telephone. Except for transactions covered by the federal Electronic Fund Transfers Act and unless otherwise agreed in your deposit account agreement, Borrower acknowledges and Borrower agrees that Lender does not accept respensibility for the authenticity of telephone CREDIT AGREEME~ 4ND DISCLOSURE CHANGE IN ' MS AGREEMENT Loan No: (Continued) Page 2 instructions and that Lender will not be liable for any loss, expense, or cost arising out of amp telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. Requests By Mail. Requesting an advance by mail. Requests in Person. Requesting a credit advance in person at any of Lender's authorized locations. If there is more than one person authorized to use this Credit Line Account, Borrower agrees not '[o give Lender conflicting instructions, such as ono Borrower telling Lender not to give advances to the other. Transaction Requirements. The following transaction limitations will apply to the use of Borrower's Credit Line: Request By Mail, In Person Request and Telephone Request Limitations. There are no transaction limitations tar requesting an advance by mail, requesting an advance in person or requesting an advance by telephone. Future Credit Line Services. Borrower's application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of Lender's services in connection with this Credlt Line, Borrower understands that this request is voluntary and that Borrower may refuse any of these new services at the time they are offered. Borrower further understands that the terms and conditions of this Agreement, together with any specific terms covering the now service, will govern any transactions made pursuant to any of these new services. Collateral. Borrower acknowledges this Agreement is secured by the following collateral described in the security instruments listed herein: (A) a Mortgage dated August 24, 2007, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. IC) inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated August 24, 2007. Insurance. Borrower must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to Lender. Borrower may obtain property insurance through any company of Borrower's choice that is reasonably satisfactory to Lender. Borrower has the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by Borrower, subject to Lender's right, for reasonable cause before credit is extended, to decline any insurance provided by Borrower. Subject to applicable law, if Borrower fails to obtain or maintain insurance as required In the Mortgage, Lender may purchase insurance to protect Lender's own interest, add the premium to Borrower's balance, declare the loan in default, or do any one or more of these things. Statutory Lien. Borrower agrees that all credit advances Borrower receives under the plan are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender to apply the balance in these accounts to pay any amounts due under this Agreement when Borrower is in default under this Agreement. Shares and deposits in an Individual Retirement Account and any other account that would lase special tax treatment under stela or federal law if given as security are nut subject to the security interest Borrower has given in Borrower's shares and deposits. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under Borrower's Credit Line will begin to accrue on the date credit advances are posted to Borrower's Credit Line. There is no "free ride period" which would allow Borrower to avoid a FINANCE CHARGE on Borrower's Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A monthly FINANCE CHARGE will be imposed on all credit advances made under Borrower's Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, Lender takes the beginning balance of Borrower's Credit Line Account each day, add any new advances and subtract any payments or credits. This gives Lender a daily balance. Then, Lender adds up all the daily balances for the statement cycle and divides the total by the number of days in the statement cycle. This gives Lisnder the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the monthly "Periodic Rate" to the balance described herein. This is Borrower's FINANCE CHARGE calculated by applying a Periodic: Rate. Borrower also agrees to pay FINANCE CHARGES, not calculated by applying a Periodic Rate, as set forth below: Minimum FINANCE CHARGE. In any event, including payment of the Credit Line balance in ifull, Borrower may have to pay a Minimum FINANCE CHARGE of 50.50. This fee will be charged as follows: Monthly. Annual Review Fee. At the time of an annual review of Borrower's Credit Line Account Bon~ower will be charged a fee as follows: 0.00. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. The Periodic Rete and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line are subject to change from time to time based on changes in an index which is Lender's Prime Rate Ithe "Index"). This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not be the lowest rate available from Lender at any given time. The ANNUAL PERCENTAGE RATE on Borrower's Credit Lina is based upon the Index and the margin described below ("Margin"1. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line: will increase or decrease as the Index increases or decreases from time to time, Lender will determine the Periodic Rate end the corresponding ANNUAL PERCENTAGE RATE as follows: Lender starts with the current Index and then adds a certain Margin as disclosed below. To determine the Periodic Rate that will apply to Borrower's account, Lender adds a margin to the value of the Index, then divides the value by 12 (monthly). To obtain the ANNUAL PERCENTAGE RATE Lender multiplies the Periodic Rate by 12 (monthly). This result is the ANNUAL PERCENTAGE RATE. In no event will the corresponding ANNUAL PERCENTAGE RATE be less than 3.000% per annum or more than the lesser of 18.000°~ or the maximum rate allowed by applicable law. Adjustments to the Periodic Rete and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect the first business riay after a payment is made following a change in interest rates. Notwithstanding the above provisions, the maximum increase or decrease in the interest rate at any one time on this loan will not exceed 3„000 percentage points. Today the Index is 8.250% per annum, and therefore the initial ANNUAL PERCENTAGE RATE and the corresponding Periodic Rate on Borrower's Credit Line are as stated below Current Rates for the First Payment Stream Range of Balance Margin Added ANNUAL PERCENTAGE Monthly Periodic or Conditions to Index RATE _ _ __AA Rate 4II Balances 0.500% E.750% 0.72917% Notwithstanding any other provision of this Agreement, Lender will not charge interest on any undisbursed loan proceeds. CREDIT AGREEMER aND DISCLOSURE CHANGE IN Z :MS .AGREEMENT Loan '~o: (Continuedr Page 3 Forgo Rate Increases, If we forgo an ANNUAL PERCENTAGE RATE increase, at the time of a later adjustment wa r"nay return to the full Index value plus margin. Conditions Under Which Other Charges May Be Imposed. Borrower agrees to pay all the other fetes and charges related to Borrower's Credit Line as set forth below: Fee to Stop Payment. Borrower's Credit Line Account may be charged 530.00 when Borrower requests a stop payment on Borrower's account. Late Charge. In addition to Lender's rights upon default, Borrower's payment will be late if it is not received b~y lender within 15 days after the "Payment Due Dete" shown on the voucher Borrower receives with each credit advance. If Borrower's payment is late Lender may charge Borrower 5.000°~(, of the unpaid amount of the payment or 525.00, whichever is greater. Lien Release Fees. In addition to all other charges, Borrower agrees, to the extent not prohibited by law, to pay all governmental fees for release of Lender's security interests in collateral securing Borrower's Credit Line. Borrower will pay these fees at the time the lien or liens are released. The estimated amount of these future lien release fees is S75.00. Security Interest Charges. Borrower agrees to pay all security interest charges related to Borrower's Credit Line as .set forth below: United One Resources 535.00 Loan Document Fee 5275.00 Flood Determination 515.00 United One UCC Search 538.00 TaxTrax 590.00 Recording Fee 575.50 UCC Filing S84.00 Total 5612.50 Right to Credit Advances. After the Effective Disbursement Date, Lender will honor Borrower's requests for credit advances up to Borrower's Credit Limit so Tong as; IA) Borrower is not in default under the terms of this Agreement; (B) this Agreement has not been terminated or suspended; and IC) Borrower's Credit Line has not been cancelled as provided above in the section of this Agreement titled "Term." Default, Lander may declare Borrower to be in default if any one or more of the following events occur: (A) Borrower fails to pay a Minimum Payment when due; (B) an event of default occurs under the security agreement for the Property; IC) the Property is further encumbered in any way, voluntarily or involuntarily; ID) Borrower dies; IE) Borrower makes any false or misleading statements an Borrower's Credit Line application; IF) Borrower violates any provision of this Agreement or any other agreement with Lender; (G) any garnishment, attachment, or execution is issued against any material asset owned by Borrower; (H) Borrower exceeds Borrower's Credit Limit; 111 Borrower files for bankruptcy or other insolvency relief, or an involuntary petition under the provisions of the Bankruptcy Code is filed against Borrower; (J) Lender in good faith believes itself insecure. lender's Rights. If Borrower is in default, Lender will send notice to Borrower setting forth a time period of at least thirty 130) days within which such default may be cured. During this cure period, without notice, Lender may suspend Horrower's Credit Line as provided below. If such default is not cured during this period, Lender may either terminate or continue suspension of Borrower's Credit Line Account. Suspension. if Lender suspends Borrower's Credit Line, Borrower will lose the right to obtain further credit advances. However, all other terms of this Agreement will remain in effect and be binding upon Borrower, including Borro~Ner's liability for any further unauthorized use of any Credit Line access devices. Termination. if Lender terminates Borrower's Credit Line, Borrower's Credit Line will be suspended and the entire unpaid balance of Borrower's Credit Line Account will be immediately due and payable, without prior notice except as may be required by law, and Borrower agrees to pay that amount plus all FINANCE CHARGES and other amounts due under this Agreement. Collection Casts. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunctionl, and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. Rate Increase. In addition to Lender's other rights on default, Lender may increase the variable interest rate under this Agreement to 15.000 percent per annum. 'The interest rate will not exceed the maximum rate permitted by applicable law. If lender does not increase the interest rate on default, it will continue at the variable rate in effect as of the date Lender declares a default,. Delay in Enforcement. Lender may delay or waive the enforcement of any of Lender's rights und~sr this Agreement without losing that right or any other right. If Lender delays or waives any of Lender's rights, Lender may enforce that right at any time in the future without advance notice. For example, not terminating Borrower's account for non-payment will not be a waiver of Lender's right to terminate Borrower's account in the future if Borrower has not paid. Termination by Borrower. If Borrower terminates this Agreement, Borrower must notify Lender. Despite termination, Borrower's obligations under this Agreement will remain in full force and effect until Borrower has paid Lender all amounts due under this Agreement. Prepayment. Borrower may prepay all or any amount owing under this Credit Line at any time without penalty, except Lender will be entitled to receive the Minimum FINANCE CHARGES as stated above and to receive all accrued FINANCE CIiARGES, and other charges, if any. Payments in excess of Borrower's Minimum Payment will not relieve Borrower of Borrower's obligation to continue to make Borrower's Minimum Payments. Instead, they will reduce the principal balance owed on the Credit Line. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Lender, All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the peym~ant constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Members 1st Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050, Notices. All notices will be sent to Borrower's address as shown in Borrower's Credit Line application. Notices will be mailed to Borrower at a different address if Borrower gives Lender written notice of a different address. Borrower agrees to advise Lender promptly if Borrower changes Borrower's Trailing address. Annual Review. Borrower agrees that Borrower will provide Lender with a current financial statement, a new credit application, or both, annually, on forms provided by Lender. Based upon this information Lender will conduct an annual review of Borrcrwer'~ Credit Line Account. CREDIT AGREEMEII AND DISCLOSURE CHANGE !N 1 ;IVIS AGREEMENT Loan No::' (ContinuedN Page 4 Borrower also agrees Lender may obtain credit reports on Borrower at any time, et Lender's sole option and expense, for any reason, including but not limited to determining whether there has been an adverse change in Borrower's financial condition, Lender may require a new appraisal of the Property which secures Borrower's Credit Line at any time, including an internal inspection, at Lender's sole option and expense. Borrower agrees to pay the annual review fee shown above. Borrower authorizes Lender to release information about Borrower to third parties as described in Lender's privacy policy and Lender's Fair Credit Reporting Act notice, provided Borrower did not opt: out of the applicable policy, or as permitted by law. Based upon a material adverse change in Borrower's financial condition ;such as termination o' employment or loss of inc:omel, Lender may suspend Borrower's Credit Line. Transfer or Assignment. Without prior notice or approval from Borrower, Lender reserves the right to sell or transfer Borrower's Credit Line Account and Lender's rights end obligations under this Agreement to another lender, entity, or person, end to assign Lender's rights under the Mortgage. Borrower`s rights under this Agreement belong to Borrower only and may not be transferred or assigned, Borrower's obligations, however, are binding on Borrower's heirs and legal representatives. Upon any such sale or transfer, Lender will have no further obligation to provide Borrower with credit advances or to perform any other obligation under this Agreement. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about your account(sl to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. Jury Waiver. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. if there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of this Agreement. Interpretation. Borrower agrees that this Agreement, together with the Mortgage, is the best evidence of Borrower's agreements with Lender. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. If Lender goes to court for any reason, Lender can use a copy, filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what Borrower owes Lender or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. Borrower agrees that, except to the extent Borrower can show there is a billing error, Borrower's most current periodic statement is the best evidence of Borrower's obligation to PaY• Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable es to any other circumstance. if feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Arbitration. Borrower and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, lathes, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbtration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Continuing Validity. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s), remain unchanged and in full force and effect. Consent try Lender to this Agreement does not waive Lender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future change in terms. Nothing in this Agreement will constitute a satisfaction of the obligation(s1. It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligationisl, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any persons who signed the original obligation does not sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not be released by it. This waiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. Confession of Judgment. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS i4NY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THE CREDIT LINE ACCOUNT AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE CREDIT LINE ACCOUNT, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10°k) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (S500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT OR A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT, THE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL. CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMENT. BORROWER HEREBY v`/RIVES ANY RIG H? BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION 'WITH ANY SUCH CONFESSION OF JUDGMENT AND SATES THAT EITHER A REPRESENTATIVE OF LENDEP SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO CREDIT AGREEMER' aND DISCLOSURE CHANGE IN T :MS AGREEMENT Laan.No: (Continued) Page 5 BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. Acknowledgment and Amendments. Borrower understands and agrees to theterms and conditions in this Agreement. Borrower acknowledges that, subject to applicable laws, Lender has the right to change the terms and conditions of the Credit Line program, including without limitation, the Margin. ;f lender changes the Periodic Rate and subsequent new credit advances are made under this Agreement, t:he entire balance will be subject to the new rates. Borrower also understands and agrees that Borrower may be subject 'to other agreements with Lender regarding transfer instruments or access devices which may access Borrower's Credit Line. Any person signing below may request a modification to this Agreement, and, if granted, the modification will be binding upon all signers. By signing this Agireement, Borrower acknowledges that Borrower has read this Agreement. This Agreement is dated August 24, 2007. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CON UCTION SERVICES U I TED, LLC g tSeaq es R. Linn, Memb r nstruction Services rmited, LLC ACCEPTED: MEMBERS 1ST FEDERAL CREDIT UNION C sY: tsean orized Signer lA!!R PIIO lsndiq, Vx. 6.i7.0u.OM Capr. Mn4n! iln~,eitl Selulbm, Ina. 1997, 3W7. AA Rgl,u MwrW. ~ PA C:ICOMMfRC1~l1CFl1VLIDIS.FC 7M~161! PP~IJ t;REDIT AGREEMENT ~D DISCLOSURE CHANGE If ; ERMS AGfiiEEMENT Pfi`h:. -p~! '; L.pA11 Datr#` IVf~~W f~l < Loatl;IVo Gall I Ca~1 AcCbttnt ;` OffP~at tnitl>~#s; . 53.0,4?OQ:.p~7 1Q.:'T.U..'~Qa~. 'L1.~a.-Q'~ ~;~'1:~: .. . . __, . , ; +~~w~.; , References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing ""•" has been omitted due to text length limitations. Borrower; Construction Services Unlimited, LLC 1366 Kiner Blvd Carlisle , PA 17015 Le11d9r; Members 1st Federal Credit Union ATTN; ;imall Business lending 5000 Louise Drive Mechanicsbu-g, PA 17055 CREDIT LIMIT: 530,000.00 DATE OP AGREEMENT: October 10, 2007 Description of Existing Indebtedness. Interest only line of credit Description of Collateral. 1st mortgage on real estate located at 1370 Kiner Rd., Carlisle, PA 1701 3. Description of Change In Terms. Increasing line of credit from $50,000.00 to 590,000.00. Line of credit will expire on 05107/2010; all other orginal terms, gates end conditions apply. Introduction. This Credit Agreement and Disclosure ("Agreement"I governs Borrower's line of credit (the "Credit Line" ar the "Credit Line Account"I issued through Members 1st Federal Credit Union. Borrower agrees to the following terms and conditions: Promise to Pay. Borrower promises to pay Members 1st Federel Credit Union, or order, the total of all credit advances and FINANCE CHARGES together with all casts and expenses for which Borrower is responsible under this Agreement or under security agreements which secure Borrower's Credit Line. Borrower will pay Borrower's Credit Line according to the payment terms set forth below. If there is more than one Borrower, each is jointly and severally liable on this Agreement. This means Lender can require any Borrower to pay all amounts due under this Agreement, including credit advances made to any Borrower. Each Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Lina, to request and receive credit advances, and to do al! other things necessary to carry out the terms of this Agreement. Lender can release any Borrower from responsibility under this Agreement, and the others will remain responsible. Term. The term of Borrower's Credit Line will begin as of the date of this Agreement ("Opening Date"1 and will continue until May 7, 2010 ("Maturity Date"). All indebtedness under this Agreement, if not already paid pursuant to the payment provisions below, will be due and payable upon maturity. The draw period of Borrower's Credit Line will begin on a date, after the Opening Date, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania, following the perfection of the Mortgage, and the meeting of all of Lender's other conditions. Borrower may obtain credit advances during this period ("Draw Period"). Borrower agrees that Lender may renew or extend the period during which Borrower may obtain credit advances or make payments. Borrower further agrees that Lender may nsnew or extend Borrower's Credit Line Account. Minimum Payment. Borrower's "Regular Payment" will equal the amount of Borrower's accrued f=1NANCE CHARGES or 550.00, whichever is greater. Borrower will make 35 of these payments. Borrower wilt then be required to pay the entire balance owing in a single balloon payment. If Borrower makes only the minimum payments, Borrower may not repay any of the principal balance by the end of this payment stream. Borrower's payments will be due rcronthly. An increase in the ANNUAL PERCENTAGE RATE may increase the amount of Borrower's Regular Payment, In any event, if Borrower's Credit Line balance falls below 5250.00, Borrower agrees to pay Borrower's balance in Lull. Eorrower agrees to pay not less than the Mirnmum Payment on or before the due date. Balloon Payment. Borrower's Credit Line Account is payable in full upon maturity in a single balloon payment. Borrower must pay the entire outstanding principal, interest and any other charges then due. Unless otherwise required by applicable law, Lender is under no obligation to refinance the balloon payment et that time. Borrower may be required to make payments out of other assets Borrower owns or find a lender, which may be Lender, willing to lend Borrower the money. If Borrower refinances the balloon, Borrower may have to pay some or all of the closing costs normally associated with a new credit fine account, even if Borcower obtains refinancing from Lender. Haw Borrower's Payments Are Applied. Unless otherwise agreed or required by applicable law, payments and other credits will be applied first to late charges and other charges; then to any amounts that exceed Borrower's Credit Limit; there to any voluntary credit life and disability insurance premiums; then to Finance Charges; and then to unpaid principal. Credit Limit. This Agreement covers a revolving line of credit for the principal amount of Thirty Thousand & 00l1U0 Dollars (530,000.001, which will be Borrower's "Credit Limit" under this Agreement. Borrower may borrow against the Credit Line, repay any portion of the amount borrowed, and re-borrow up to the amount of the Credit Limit. Borrower's Credit Limit is the maximum amount Borrower may have outstanding at any ane time. Borrower agrees not to attempt, request, or obtain a credit advance that will make Borrower's Credit Line Account balance exceed Borrower's Credit Limit. Borrower's Credit Limit will not be increased should Borrower overdraw Borrower's Credit Line Account. If Borrower exceeds Borrower's Credit Limit, Borrower agrees to repay immediately the amount by which Borrower's Credit Line Account exceeds Bvrrower's Credit Limit. Any amount greater than the Credit Limit will be secured by the security agreement covering Borrower's property. Charges to Borrower's Credit Line. Lender may charge Borrower's Credit Line to pay other fees and costs that Borrower is obligated to pay under this Agreement, the Mortgage or any other document related to Borrower's Credit Line. In addition, Lender may charge Borrower's Credit Line for funds required for continuing insurance coverage as described in the paragraph titled "Insurance" below or as described in the Mortgage for this transaction. Lender may also, at Lender's option, charge Borrower's Credit Line to pay any costs or expenses to protect or perfect Lender's security interest in Borrower's property. These costs or expenses include, without limitation, payments to cure defaults under any existing liens on Borrower's property. If Borrower does not pay Borrower's property taxes, lender may charge Borrower's Credit Line and pay the delinquent taxes, Any amount so charged to Borrower's Credit Line will be a credit advance and will decrease the funds available, if any, under the Credit Line. However, Lender has no obligation to provide any of the credit advances referred to in this paragraph. Effective Disbursement Date. The words "Effective Disbursement Dete" as used in this Agreement mean a date, after the Opening Date, when the Agreement is accepted by Lender in the Commonwealth of Pennsylvania following the perfection of Lender's security agreements and the meeting of all of Lender's other conditions. Borrower agrees and understands f:het Borrower may not receive any credit advance under Borrower's G edit Line until after the Effective Disbursement Date of this Agreement. Credit Advances. After the E.tfectiva Disbursement Date of this Agreement, Borrower may obtain credit advances under Borrower's Credit Line as. follows: Telephone Request. Reques'Cing a credit advance from Borrower's Credit 4_ine to be applied to Borrower's designated account by telephone. except for transactions covered by the federal Electronic Fund Transfers A,ct and unless otherwise agreed in your deposit account agreement, Borrower acknowledges and Borrower agrees that Lender does not accept responsibility for the authenticity of telephone CREDIT AGREEME~ 4ND DISCLOSURE CHANGE IN " ;MS AGREEMENT Loan No: (Continued',I Page 2 instructions and that Lender will not be liable for any loss, expense, or cost arising out of any telephone request, including any fraudulent or unauthorized telephone request, when acting upon such instructions believed to be genuine. Requests By Mail. Requesting an advance by mail. Requests in Person. Requesting a credit advance in person at any of Lender's authorized locations. If there is more than one person authorized to use this Credit Line Account, Borrower agrees not to give Lender conflicting instructions, such as one Borrower telling Lender not to give advances to the other. Transaction Requirements. The fallowing transaction limitations will apply to the use of Borrower's Credit Line: Request By Mail, In Person Request and Telephone Request Limitations. There are no transaction limitations for requesting an advance by mail, requesting an advance in person or requesting an advance by telephone. Future Credit Line Services. Borrower's application for this Credit Line also serves as a request to receive any new services (such as access devices) which may be available at some future time as one of Lender's services in connection with this Credit Line. Borrower understands that this request is voluntary and that Borrower may refuse any of these new services at the time thery are offered. Borrower further understands that the terms and conditions of this Agreement, together with any specific terms covering the clew service, will govern any transactions made pursuant to any of these new services. Collateral. Borrower acknowledges this Agreement is secured by the following collateral described in the security instruments listed herein: lA} a Mortgage dated October 10, 2007, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (el an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. ICI inventory, chattel paper, accounts, equipment and general intangibles described in a Commercial Security Agreement dated October 10, 2007. Insurance. Borrower must obtain insurance on the Property securing this Agreement that is reasonably satisfactory to Lender. Borrower may obtain property insurance through any company of Borrower's choice that is reasonably satisfactory to Lender. Borrower has the option of providing any insurance required under this Agreement through an existing policy or a policy independently obtained and paid for by Borrower, subject to Lender's right, for reasonable cause before credit is extended, to decline any insurance provided by Borrower. Subject to applicable law, if Borrower fails to obtain or maintain insurance as required In the Mortgage, Lender may purchase insurance to protect Lender's own interest, add the premium to Borrower's balance, declare the loan in default, or do any one or more of these things. Statutory lien. Borrower agrees that all credit advances Borrower receives under the plan are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender to apply the balance in these accounts to pay any amounts due under this Agreement when Borrower is in default under this Agreement. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. When FINANCE CHARGES Begin to Accrue. Periodic FINANCE CHARGES for credit advances under Borrower's Credit line will begin to accrue on the date credit advances are posted to Borrower's Credit Line. There is no "free ride period" which would allow Borrower to avoid a FINANCE CHARGE on Borrower's Credit Line credit advances. Method Used to Determine the Balance on Which the FINANCE CHARGE Will Be Computed. A monthly FINANCE CHARGE will be imposed on all credit advances made under Borrower's Credit Line imposed from the date of each credit advance based on the "average daily balance" method. To get the average daily balance, Lender takes the beginning balance of Borrower's Credit Line Account each day, add any new advances and subtract any payments or credits. This gives Lender a daily balance. Then, Lender adds up all the daily balances for the statement cycle end divides the total by the number of days in the statement cycle. This gives Lender the "average daily balance." Method of Determining the Amount of FINANCE CHARGE. Any FINANCE CHARGE is determined by applying the monthily "Periodic Rate" to the balance described herein. This is Borrower's FINANCE CHARGE calculated by applying a Periodic Rate. Borrower also agrees to pay FINANCE CHARGES, not calculated by applying a Periodic Rate, as set forth below: Minimum FINANCE CHARGE. In any event, including payment of the Credit Line balance in full, Borrower may have to pay a Minimum FINANCE CHARGE of 50,50. This fee will be charged as follows: Monthly. Annual Review Fee. At the time of an annual review of Borrower's Credit Line Account Borrower will be charged a fee as follows: 0.00. Periodic Rate and Corresponding ANNUAL PERCENTAGE RATE. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line are subject to change from time to time based on changes in an index which is Lender's Prime Rate (the "Index"I, This is the rate Lender charges, or would charge, on 90-day unsecured loans to the most creditworthy corporate customers. This rate may or may not he the lowest rate available from Lender at any given time. The ANNUAL PERCENTAGE RATE on Borrower's Credit Line is based upon the Index and the margin described below ("Margin"1. The Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE on Borrower's Credit Line will increase or decrease as the Index increases or decreases from time to time. Lender will determine the Periodic Hate and the corresponding ANNUAL PERCENTAGE RATE as follows: Lender starts with the current Index and then adds a certain Margin as disclosed belovv. To determine the Periodic Rate that will apply to Borrower's account, Lender adds a margin to the value of the Index, than divides the value by 12 (monthlyi• ~To obtain the ANNUAL PERCENTAGE RATE Lender multiplies the Periodic Rate by 12 (monthlyi. This result is the ANNUAL PERCENTAGE RATE. In no event will the corresponding ANNUAL PERCENTAGE RATE be less than 3.000% per annum or more than the lesser of 18.000% or the maximum rate allowed by applicable law. Adjustments to the Periodic Rate and the corresponding ANNUAL PERCENTAGE RATE resulting from changes in the Index will take effect the first business day after a payment is made following a change in interest rates, Notwithstanding the above provisions, the maximum increase or decrease in the interest rate et any one time on this loan will not exceed 3.000 percentage points. Today the Index is '7.750% per annum, and therefore the initial ANNUAL PERCENTAGE RATE and the corresponding Periodic Rate on Borrower's Credit Line are as stated belo~~v: Range of Balance or Conditions All Balances Current Rates for the First Payment Stream Margin Added ANNUAL PERCENTAGE to Index RATE __ 0.500% 8.250% Monthly Periodic Rate 0.68750% Notwithstanding any other provision of this Agreement, Lender will not charge interest on any undisbursed loan proceeds. CREDIT AGREEMEII ,4ND DISCLOSURE CHANGE tN ', tMS AGREEMENT Loan No: (Continued) Page 3 Forgo Rate Increases. If we forgo an ANNUAL PERCENTAGE RATE increase, at the time of a later adjustment we may return to the full Index value plus margin. Conditions Under Which Other Charges May Be Imposed. Borrower agrees to pay all the other fees and charges related ro Borrower's Credit Linea as set forh below: Fee to Stop Payment. Borrower's Credit Line Account may be charged 530.00 when Borrower requests a stop payment on Borrower's account. Late Charge. In addition to Lender's rights upon default, Borrower's payment will be late if it is not received by Lender within 15 days after the "Payment Due bate" shown on the voucher Borrower receives with each credit advance. If Borrower's payment is fate Lender may charge Borrower 5.000°k of the unpaid amount of the payment or 525.00, whichever is greater. Lien Release Fees. In addition to all other charges, Borrower agrees, to the extent not prohibited by law, to pay ail governmental fees for release of Lender's security interests in collateral securing Borrower's Credit Line. Borrower will pay these fees at the time the lien or liens are released. The estimated amount of these future lien release fees is 575.00. Security interest Charges. Borrower agrees to pay all security interest charges related to Borrower's Credit Line as set forth below; United One Resources 535.00 Loan Document Fee 5275.00 Fioad Determination S 15.00 United One UCC Search 538.00 TaxTrax S 90,00 Recording Fee 575.50 UCC Filing 584,00 Total 5612.50 Right to Credit Advances. After the Effective Disbursement Date, Lender will honor Borrower's requests for credit advances up to Borrower's Credit Limit so long as: (A) Borrower is not in default under the terms of this Agreement; (B) this Agreement has not been terminated or suspended; and (C) Borrower's Credit Line has not been cancelled as provided above in the section of this Agreement titled "Term." Default. Lender may declare Borrower to be in default if any one or more of the following events occur: (A1 Borrower fails to pay a Minimum Payment when due; (B) an event of default occurs under the security agreement for the Property; (C) the Property is further encumbered in any way, voluntarily or involuntarily; (D) Borrower dies; (E) Borrower makes any false or misleading statements on Borrower's Credit Line application; (F) Borrower violates any provision of this Agreement or any other agreement with Lender; (G1 any garnishment, attachment, or execution is issued against any material asset owned by Borrower; (H) Borrower exceeds Borrower's Credit Limit; (I) Borrower files for bankruptcy or other insolvency relief, or an involuntary petition under the provisions of the Bankruptcy Code is filed against Borrower; lJ) Lender in good faith believes itself insecure. Lender's Rights. If Borrower is in default, Lender will send notice to Borrower setting forth a time period of at feast thirty 130) days within which such default may be cured. During this cure period, without notice, Lender may suspend Borrower's Credit Line as provided below. If such default is not cured during this period, Lender may either terminate or continue suspension of Borrower's Credit Line Account. Suspension. If Lender suspends Borrower's Credit Line, Borrower will lose the right to obtain further credit advances. However, all other terms of this Agreement will remain in effect and be binding upon Borrower, including Borrover's liability for any further unauthorized use of any Credit Line access devices. Termination. if Lender terminates Borrower's Credit Line, Borrower's Credit Line will be suspended and the entire unpaid balance of Borrower's Credit Line Account will be immediately due and payable, without prior notice except as may be required by law, and Borrower agrees to pay that amount plus all FINANCE CHARGE5 and other amounts due under this Agreement. Collection Costs. Lender may hire or pay someone else to help collect this Agreement if Borrower does not pay. Borrower will pay Lender that amount. This includes, subject to arty limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to alt other sums provided by law. Rate Increase. in addition to Lender's other rights on default, Lender may increase the variable interest rate under this Agreement to 15,000 percent per annum. The interest rate will not exceed the maximum rate permitted by applicable law. If Lender does not increase the interest rate on default, it will continue at the variable rate in effect as of the date Lander declares a default. Delay in Enforcement. Lender may delay or waive the enforcement of any of Lender's rights under this Agreement without losing that right or any other right. If Lender delays or waives any of Lender's rights, Lender may enforce that right at any time in the future without advance notice. For example, not terminating Borrower's account for non-payment will not be a waiver oi` Lender's right to terminate Borrower's account in the future if Borrower has not paid. Termination by Borrower. if Borrower terminates this Agreement, Borrower must notify Lender. Despito termination, Borrower's obligations under this Agreement will remain in full force and effect until Borrower has paicl Lender all amounts due under this Agreement. Prepayment. Borrower may prepay all or any amount owing under this Credit Line at any time without penalty, except Lender will be entitled to receive the Minimum FINANCE CHARGES as stated above and to receive ail accrued FINANCE CHARGES, and other charges, if any. Payments in excess of Borrower's Minimum Payment will not relieve Borrower of Borrower's obligation to continue to make Borrower's Minimum Payments.. Instead, they will reduce the principal balance owed on the Credit Line. Borrower agrees not to send Lender payments marked "paid iri full", "without recourse", or similar language. If Borrower sends such a payment, lender may accept it without -asing any of Lender's rights under this Agreement, and Borrower will remain obligated to pay any further amount owed to Leinder, All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Members 1st Federal Credit Union, 5000 Louise Drive Mechanicsburg, PA 17050. Notices. Alf notices will be sent 'to Borrower's address as shown in Borrower's Credit Line application. Notices will be mailed to Borrower at a different address if Borrower gives Lender written notice of a different address. Borrower agrees to advise Lender promptly if Borrower changes Borrower's mailing -address. Annual Review. Borrower agrees that Borrower will provide Lender with a current financial statement, a new credit application, or both, annually, on forms lrovided by Lender. Based upon this information Lender will conduct an annual review of Born:rn~er's Credit Line Account. CREDIT AGREEME~' AND DISCLOSURE CHANGE IN l ~9VIS AGREEMENT Loart No: (Continued) Page 4 Borrower also agrees Lender may obtain credit reports on Borrower at any time, at Lender's sole: option and expense, fur any reason, including but not limited to determining whether there has been an adverse change in Borrower's financial condition. Lender may require a new appraisal oi' the Property which secures Borrower's Credit Line at any time, including an internal inspection, at Lender's sole option and expense. Borrower agrees to pay the annual review fee shown above. Borrower authorir_es Lender to release information about Eorrower tc third parties as described in Lender's privacy policy and Lender's Fair Credit Reporting Act notice, provided Borrower did not opt out of the applicable policy, or as permitted by law. Based upon a material adverse change in Borrower's financial condition (such as terminat;on c7f employment or loss of income), Lender may suspend Borrower's Credit Line. Transfer or Assignment. Without prior notice or approve) from Borrower, Lender reserves the right to sell or transfer Borrower's Credit Line Account and Lender's rights and obligations under this Agreement to another lender, entity, or person, and to assign lender's rights under the Mortgage. Borrower's rights under this Agreement belong to Borrower only and may not be transferred or assigned. Borrower's obligations, however, are binding on Borrower's heirs and legal representatives. Upon any such sale or transfer, Lender ~nrill have nn further obligation to provide Borrower with credit advances or to perform any other obligation under this Agreement. Notify Us of Inaccurate Information We Report To Consumer Reporting Agencies. Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17050. Jury Waiver. Lender and Borrower hereby waive the right to any jury trial in any action, proceecing, or counterclaim brought by either Lender or Borrower against the other. Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Agreement has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used 'to interpret or define the provisions of this Agreement„ Interpretation. Borrower agrees that this Agreement, together with the Mortgage, is the best evidence of Borrower's agreements with Lender. If a court finds that any provision of this Agreement is not valid or should not be enforced, that fact by itself will not mean that the rest of this Agreement will not be valid or enforced. Therefore, a court may enforce the rest of the provisions of this Agreement even if a provision of this Agreement may be found to be invalid or unenforceable. If Lender goes to court for any reason, Lender can use a copy., filmed or electronic, of any periodic statement, this Agreement, the Mortgage or any other document to prove what Borrower owes Lender or that a transaction has taken place. The copy, microfilm, microfiche, or optical image will have the same validity as the original. Borrower agrees that, except to the extent Borrower can show there is a billing error, Borrower's most current periodic statement is the best evidence of Borrower's obligation to pay. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illec~al, inva{id, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Agreement. Unless otherwise required by law,. the illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. Arbitration. Borrower and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Agreement or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Collateral shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage: obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Collateral, including any claim to rescind, reform, or otherwise modify any agreement relating to the Collateral, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Agreement shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, )aches, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The f=ederal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Continuing Validity. Except as expressly changed by this Agreement, the terms of the original obligation or obligations, including all agreements evidenced or securing the obligation(s1, remain unchanged and in full force and effect. Consent by Lender to this Agreement does not waive I_.ender's right to strict performance of the obligation(s) as changed, nor obligate Lender to make any future rhange in terms, Nothing in this ,hgreement will constitute a satisfaction of the obligation(s). It is the intention of Lender to retain as liable parties all makers and endorsers of the original obligationlsl, including accommodation parties, unless a party is expressly released by Lender in writing, Any maker or endorser, including accommodation makers, will not be released by virtue of this Agreement. If any person who signed the original obligation does not :sign this Agreement below, then all persons signing below acknowledge that this Agreement is given conditionally, based on the representation to Lender that the non-signing party consents to the changes and provisions of this Agreement or otherwise will not he released by it. This evaiver applies not only to any initial extension, modification or release, but also to all such subsequent actions. Confession of Judgment. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS AGREEMENT AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THE CREDIT LINE ACCOUNT AND ALL ACCRUED INNTEREST, LATE CHARGES AND ANX AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE CREDIT UNE ACCOUNT, TOGETHER ~NITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%1 OF THE: UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS AGREEMENT 'OF A COPY OF THIS AGREEMENT VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. TIRE AUTHORITY GRANTED IN THIS AGREEMENT TO CONFESS ..;UDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT' SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS AGREEMEN i . BORROWER HEREBY 'aVAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN GONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES T~iAT EITHER A f?EPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION 0= .JUCGME:NT PROVISION TO CREDIT AGREEMEII' AND DISCLOSURE CHANGE IN ~ .MS ,AGREEMENT Loan No: (Continued} Page 5 BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL. COUNSEL. Acknowledgment and Amendments. Borrower understands and agrees to the terms and conditions in this Agreement. Eorrower acknowledges that, subject to applicable laws, Lender has the right to change the terms and conditions of the Credit Line program, including without limitation, the Margin. If Lender changes the Periodic Rate and subsequent new credit advances are made under this Agreement, the entire balance will be subject to the new rates. Borrower also understands and agrees that Borrower may be subject to other agreements with Lender regarding transfer instruments or access devices which may access Borrower's Credit Line. Any person signing below may request a modification to this Agreement, and, if granted, the modification will be binding upon all signers. Bey signing this Agreement, Borrower acknowledges that Borrower has read this Agreement. This Agreement is dated October 10, 2007. THIS AGREEMENT IS GIVEN UNDER SEAL AND IT IS INTENDED THAT 7HIS AGREEMENT IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: CON CTION SERVI ES UNLI 1 D, LLC ~. ~ B (Seal) a es R. Linn, Membe o Co truction Services U limited, LLC ACCEPTED: MEMB 1ST FEDERA CREDIT UNION (Beall uthorized Sign LA9ER PRO L~ndlnp, Va. 6.7J.00.00{ Csp. Nnl~nd FM~naW 9oWlen,, lne. 199]. 1007. N Ryhl, R~wvtl. ~ PA C:\COMMERCI~L\CFlLLPL1026.FC Tp~ 1619 PP~ 19 EXHIBIT "C" 7 ~: ~' ~.,) Parcel Identification Number: 22-24-0771-001 RECORDATION REQUESTED BY: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 WHEN RECORDED MAIL TO: Members 1st Federal Credit Union ATTN; Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 I•' i 1 ~OGP !Yif+v g Fj(1 10 08 SEND TAX NOTICES TO: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsbur PA 17055 FOR RECORDER'S USE ONLY OPEN -END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES MAXIMUM LIEN. The unpaid principal balance of advances exclusive of interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs incurred for the protection of the mortgaged premises shall not exceed at any one time $30,000.00. Amount Secured Hereby: $30,000.00 THIS MORTGAGE dated May 7, 2007, is made and executed between John S. Linn and Anna Mae Linn (referred to below as "Grantor") and Members 1st Federal Credit Union, whose address is ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") loCeted in Cumberland County, Commonwealth of Pennsylvania: ALL THAT CERTAIN tract in Monroe Township, Cumberland County, Pennsylvania bounded and described as follows, to wit. Beginning at a Iron pins, said point being the northwest property corner of lands now or formerly of David & Linda Smith and also lies on the Eastern property line of lands now or formerly of William & Vera Brubacker; thence along lands now or formerly of William & Vera Brubacker, North 41 degrees 35 minutes 38 seconds Wiest a distance of 753.92 feet to a point; thence along lands now or formerly of Agnes Deel, North 56 degrees 31 minutes 13 seconds East a distance of 379.47 feet to a BK 199 I PG266 I MORTGAGE' (Continued) Page 2 point; thence ,along Lot 2 of the Final Subdivision Plan for John Linn, South 44 degrees 34 minutes 46 seconds Easi a distance of 532.29 feet to a point; thence along the same South 60 degrees 41 minutes 50 seconds East a distance of 107.74 feet to a point on the northern rigght-of-way of Kiner Boulevard, thence along the northern right-of-way of Kiner Boulevard by a curve to the left having a radius of 60.00 feet, an arc en th of 69.18 feet, a cord bearing of South 03 degrees 43 minutes 45 seconds East and a chord length of 65.41 feet to a point ;thence along lands now or formerly of David & Linda Smith South 00 degrees 41 minutes 04 seconds West a distance of 89.45 feet to an iron pin; thence, along the same, South 56 degrees 57 minutes 03 seconds West a distance of 342.?2 feet to an iron pin, said iron pin being the point of beginning. The Real Property or its address is commonly known as 1370 Kiner Road ,Carlisle , PA. 17015. The Real Property parcel identification number is 22-24-0771-001. CROSS-COLLATERALIZATION. In addition to the Credit Agreement, this Mortgage secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Credit Agreement, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower ar Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may bet or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may t>e or hereafter may became otherwise unenforceable. REVOLVING LINE OF CREDIT. This Mortgage secures tho Indebtedness including, without limitation, a revolving line of credit, which obligates Lender to make advances to 8orrawer unless Borrower fails to comply wfth all the terms of the Cred'K Agreement. Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to Bill present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND 'THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAf PAYMENT OF THE INDEBTEDNESS AND (B1 PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "'anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of :>ale. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a} this Mortgage is executed at 8orrower's request and not at the request of Lender; Ib) Grantor has the fu{I power, right, and authority to enter into this Mortgage and to hypothecate the Property; lc} the provisions of this Mortgage do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor, (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrowed. PAYMEN7 AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all Borrower's and Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property steal! be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Cefault, Grantor may l1) remain in possession and control of the Property; i21 use, operate or manage the Property; and 131 collf:ct the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: !1) Durung the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release o1 any Hazardous Substance by any person on, under, about or from the Property; 12) Grantor has ino knowledge of, ar reason to believe that there has been, excrspt as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any Environmental Laws, Ib) tany use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance B~ E 9g I PG26o2 MORTGAGE (Continued) Page 3 on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously disclosed to and acknowledged by Lender in writing, lal neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and Ib) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for L.ender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (21 agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or .interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas-, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of et least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Granl;or may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing :so and so long as„ in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the chairacter and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greeter than three (3) years, tt;ase-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However. this option shall not be exercised by Lender iT such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. l'hc following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property tree of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those !fens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. B~1991PG2663 MORTGAGE (Continued) Page 4 Right to Contest. Grantor may withhold payment of any tax, as:;essment, or clairn in connection with a good faith dispute over the obligation to pay, so tong as Lender's interest iri the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (1 5) days after the lien arises or„ if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or !f requested by Lender, deposit with Lender cash or a sufficient corporate surety bond ar other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. to any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shalt authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fitteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds S5,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mort•.gage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Reat Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shalt maintain such other insurance, including but not limited to hazard, business interruption and boiler insurance as Lender may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of thirty (301 days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the maximum amount of your credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwi;;e required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or dan'rage to the Property if the estimated cost of repair or replacement exceeds $5,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in <~ manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost. of repair or restoration if Grantor is not in default under this Mortgage. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shalt be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITLIRES. li any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any F2elated Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time (evicd or placed on the Property and pa}ring all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rare charged under the Credit Agreement from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will IA) be payable on demand; IB} be added to the balance of the Credit Agreement and be apportioned among and be payable with any installment payments to become due during either l1) the term of any applicable insurance poiicv; or (2) the a~~9y~~c~664 MORTGAGE lContinued) Page 5 remaining term of the Credit Agreement; or IC) be treated as a balloon payment which will be due and payable at the Credit Agreement's maturity. The Mortgage also wit! secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating ro ownership of the Property are a part of this Mortgage: Title. Grantor wan~ants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Mortgage, and Ib) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lendler may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shall be continuing in nature, anti shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Martgage: Proceedings. If any proceeding in condemnation is filed, Granter shall promptly notify Lander in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor wil! deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender fronn time to time to permit such participation. Application of Net Proceeds. It all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election naquire that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of ail actual costs, e;Kpenses, and attorneys' fees incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following previsions relating to governmental taxes, tees and charges are a part of this Mortgage;: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; 12) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; f3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Credit Agreement; and (4) a specific tax on all or any portion of the Indebtedness or an payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Martgage, this event shall have the same effect as an Event of Default, and Lender may exercise any or all at its available remedies for an Event of Default as provided below unless Grantor either (11 pays the tax before it becomes delinquent, or f21 contests the tax as provided above in the Taxes and Liens sesction and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the P*operty B~{ ! 9~ ; ~~~'665 MORTGAGE, (Continued) Page 6 constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code- are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or wilt cau:;e to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be tiled, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (11 Borrower's and Grantor's obligations under the Credit Agreement, this Mortgage, and the Related Documents, and 121 the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all coasts and expenses incurred in connection with the matters referred to in this paragraph. Additional Authorixations. If Grantor fails to do any of the things referred to in the preceding paragraph, tender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, file, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. It is understood that nothing set forth herein shall require Lender to take any such actiions. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, terminates the credit line account, and Grantor otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of tr:rmination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Mortgage: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent !fling of or to effect discharge of any lien. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or in any of the Related Documents or to coimply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's or any Grantor's property or Borrower's ability to repay the Indebtedness or Borrower's or Grantor's ability to perform their respective obligations under this Mortgage or any related document. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or turnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Mortgage or any of the Related Documents ceases to be in full force and effect (including failure oT any collateral document to create a valid and perfected security interest or lienl at any time and d;{1991~GZ6b5 MORTGAGE (Continued) Page ~ for any reason, Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made, any member withdraws from the limited liability company, or any other termination of Borrower's or Grantor's existence as a going business or the death of any member, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being ar, adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall net be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Gnantor has not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve ('I 2) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default; (11 cures the default within thirty 1301 days; or (2) if the cure requires more than thirty 130) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an 'Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire indebtedness immediately clue and payable. UCC Remedies. With respect to all or any part of the Personal Property, Lender ;shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rants. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grarrtor irrevocably authorizes Lender to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lander in response to Lende:r's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either !n person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of alt ar any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to colle<;t the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve: without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by r~ substantial amount. Employment by Lender shall not disqualify a person from :nerving as a receiver. BKI99iPG2667 MORTGAGE. (Continued) Page 8 Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any parr of the Property. Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudicial Sale. It permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant eft sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or 121 vacate the Property irnmediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Credit .Agreement or available at law or in equity. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waive any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shall give Grantor reasonable notice of the time and places of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (101 days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to ma"xe expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor andlor Borrower andlor against any other co-maker, guarantor, surety or endorser andlor to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Credit Agreement rate from the date of the expenditure until repaiid. Expenses covered by this paragraph include, without limitation, however subject to any Limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal tees anc! title insurance, to the extent permitted by applicable law. C3rantor also will pay any court costs, in addition to all other surns provided by law. NOTICES. Unless otherwise provided by applicable law, any notice. required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile lunless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section '6143, et. seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may chanye its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless ~K 199 1 ~G2668 MORTGAGE (Continued) Page 9 otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to alt Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set torch in this Mortgage. No alteration of or amendment to this Mortgage shalt be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment, Annual Reports. If the Property is used for purposes other than Grantor's residenoe, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean alb cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Borrower and Grantor and Lender agree that all disputes, claims and controversies between them whether individual, joint, or class in nature, arising from this Mortgage ar otherwise, including without limitation contract and tort disputes, shalt be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take ar dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without Limitation, obtaining injunctive relief or a temporary restraining order; invoking a power of sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Unitorm Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreement relating to the Property, shalt also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Mortgage shall preclude any party from seeking equitable relief Pram a court of competent jurisdiction. The statute of limitations, estoppel, waiver, (aches, and similar doctrines wltiich would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are net to be used to interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit, Grantor agrees upon Leader's request to :>ubmit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several, and alt references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage. No Waiver by Lender. Lender shall not be deemed to have waived any rights unrier this Mortgage unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor'ss obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage, the granting of such consent by lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in ail cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shalt not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. I( feasible, the offending provision shall be considered modified so that 't becomes legal, valid and enforceable. Ii the offending provision cannot be so modified, it shalt be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent 61{ 199 I °G2o69 MORTGAGE (Continued) of Lender. Page 10 Successor Interests. The terms of this Mortgage shail be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury, All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party, DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shah have the meanings attributed to such terms in the Unilorm Commercial Code: Borrower. The word "borrower" means Construction Services Unlimited, LLC and includes all co-signers and co-makers signing the Credit Agreement and all their successors and assigns. Credit Agreement. The words "Credit Agreement" mean the credit agreement dated May 7, 2007, WIt~1 CI'Bdlt limit Of $30,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Credit Agreement is April 30, 2010. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Default. The word "Default" means the Default set forth in this Mortgage in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human Frealth or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Mortgage in the events of default section of this Mortgage. Grantor. The word "Grantor" means John S. Linn and Anna Mae Llnn. Guarantor. The Nrord "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without 9imitation a guaranty of all or part of the Credit Agreement. Hazardous Substances. The words "Hazardous Substances" rrrean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmcntaf Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any Traction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, rapfacements and other construction on the Rea! Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's cbligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. The liens and security interests created pursuant to this Mortgage covering the Indebtedness which may be creased in the future shall relate back to the date of this Mortgage. Specifically, without limitation, Indebtedness includes all amounts that may he indirectly secured by the Cross-C;ollateralization provision of this Mortgage. Lender. The word "Lender" means Members 1 si Federal Credit Union, its successors and assigns, Mortgage. The word "Mortgage" means this Mortgage between Grantor and Leander. 8~ 19g I ~G2670 MORTGAGE (Continued) Page 11 Personal Property. The words "Persona! Property" moan all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or aftixed to the Real Property; together with all accessions, parts, and additions to, afl replacements of, and aH substitutions tor, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The wards "Real Property" mean the real property, interests and rights, as further described in this Mortgage. Related Documents. The words "Related Documents" mean aN promissory notes, credit agreements, loan agreements, envirvnmenral agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortyages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. ' EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT 15 INTENDED THA7" THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X ~ (Seal) Jp#rjrf .Linn ~ ~~ X ,~~ ~~ ~Z.C ~-~-~-r~ (Beall Anna Mae Llnn CERTIFICATE OF RESIDENCE I hereby certify, that the. precise address of the mortgagee, Members 1st Federal Credk Union, herein is as follows: ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055 ~~ ~_ / ttorney or Agent for Mortgagee INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 9 1 SS COUNTY OF~J~'7i 1.~r"CAno~ __ 1 On this, the 7 day of ,.?r0 Q 7 before me /'Q ,the undersigned NotS y Public, personally a p ~>~rl~/S~,-~Zrjr,F~a~(1}A~ir(a Nf@g~ ; ? j"~ Llnn, known to me (or satisfactorily proven) to be the person whose names are sub~scrib to th~ wit in instrument, and acknowledged that they executed the same for the purposes therein r_ontained. (]'] ~UI71 t~'eI'~~rld ~ .:1L13 i1y Pi In witness whereof. I hereunto set my Band and official~seja~l.~,~ ~ ~ . ~ I~~'~-.._ - ~ ~ ~ COMMONWEALTH OF PENNSYLVANIA '--" r.~ ::---~t NOfarialSeal Notary Public in and for th talle-!'i!`: Laura L Hoke, No ~,: t.~ ",: -_-._ Lary Public \;,,fi `'r Upper Allen Twp., Cumberland County ~= , My Commission Expires Jan. 25, 2011 '`"'~ T' . .. ~ ~ l Member. Pennsylvania Associatio t ~ ~~j ~ ~ 7 EXHIBIT "D" ~, _~~»~, ^~ Parcel Identification Number: 22-24-0771-001 RECORDATION REQUESTED BY: Members 1st Federal Credit Union ATTN: Small Business lending 5000 Louise Drive Mechanicsburg, PA 17055 WHEN RECORDED MAIL TO: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES TO: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 FOR RECORDER'S USE ONLY MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated August 24, 2007, is made and executed between John S. Linn and Anna Mae Linn (referred to below as "Grantor") and Members 1st Federal Credit Union, whose address is ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender"). MORTGAGE. Lender and Grantor have entered into a Mortgage dated May 7, 2007 Ithe "Mortgage") which has been recorded in Cumberland County, Commonwealth of Pennsylvania, as follows: Recorded on May 9, 2007; Cumberland County Recorder of Deeds, Book 1991; Page 2661. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Cumherland County, Commonwealth of Pennsylvania: ALL THAT CERTAIN tract in Monroe Township, Cumberland County, Pennsylvania bounded and described as follows, to wit. Beginning at a iron pins, said point being the northwest property corner of lands now or formerly of David & Linda Smith and also lies on the Eastern property line of lands now or formerly of William & Vera Brubacker; thence along lands now or formerly of William & Vera Brubacker, North 41 degrees 35 minutes 38 seconds Wiest a distance of 753.92 feet to a point; thence along lands now or formerly of Agnes Deel, North 56 degrees 31 minutes 1 3 seconds East a distance of 379.47 feet to a point; thence ,along Lot 2 of the Final Subdivision Plan for John Linn, South 44 degrees 34 minutes 46 seconds East a distance of 532.29 feet to a point; thence along the same South 60 degrees 41 minutes 50 seconds East a distance of 107.74 feet to a point on the northern right-of-way of Kiner Boulevard, thence along the northern right-of-way of Kiner Boulevard by a curve to the left having a radius of 60.00 feet, an arc length of 69.18 feet, a conj bearing of South 03 degrees 43 minutes 45 seconds East and a chord length of 65.41 feet to a point ;thence along lands now or formerly of David & Linda Smith, South 00 degrees 41 minutes 04 seconds West a distance of 89.45 feet to an iron pin; thence, along the same, South 56 degrees 57 minutes 03 seconds West a distance of 34.2.12 feet to an iron p+n, said iron pin being the point of beginning. The Real Property or its address is commonly known as 1370 Kiner Road ,Carlisle , PA 1701 5. The Real aroperty parcel identification number is 22-24-0771-001. MODIFICATION. Lender and Grantor hereby modity the Mortgage as follows: Increasing Amount Secured from 530,000.00 to 550,000.00. CONTINUING VALIDITY. Except as expressly modified above, the terms of the origin+31 Mortgage shall remain MODIFICATION OF MORTGAGE (Continued) Page 2 unchanged and in full force and effect and are legally valid, binding, end enforceable in accordance with their respective terms. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. No~[hing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage (the "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification, If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lander that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED AUGUST 24, 2007. THIS MODIFICATION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MODIFICATION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A_SEALED INSTRUMENT ACCORDING TO L.AW. GRANTOR: / ~'~ ~ t I ~ X fSeall ,Jo n S i X ~^~-a~- ~Q-C~ Chi.-~"~ (Seal) Anna Mae Llnn LENDER: MEMBERS 15T FEDERAL CREDIT UNION (Seal) rized Signer CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Members 1st Federal Credit Union, herei is as tollows: ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 1 5 Attorn y or Agent for Mortgagee MODIFICATION OF MORTGAGE (Continued) Page 3 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS /~ J~.r ~d COUNTY OF l..r-~ r" On this, the ,,~!-/ day of I`7'r-c- u~ 20 C.~7 ,before me ~~~~/"'~ (_ ~ ,the undersigned No ry Public, personally appeared John S. Linn and Anna Mae Linn, known to me (or satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In wCOMMONWEALTH OF PFNNSYL~/ANIA and offici 1 s al. Notarial Seal ( .--- Laura L. Hoke, Notary Public Upper Allanl'wp., CumbertandCounty Notary Public in and for the Sta~[e of _~~_______ My Commission Expires Jan. 25, 2011 Member, Pennsylvania Association o1 Notaries LENDER ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~/ /i')'),~.r(Q~?~ )SS On this, the ~,[ 7 day of 20 ~_, before me U-I-tL ,the undersigned N ary Public, personally appeared _,_ ~~ bbef~ <,~~.-~ who acknowledged himself or herself to be the `_ r ~, ~ of a lender, and that he or she as such ~• 9~1Pn Q~ srf~.c~~/1 being authorized to do so, executed the foregeing instrument fo the pur~es therem contained by sigrnng the name of the lender by himself or herself as __-._ - S.e,Il-ln-Fi JC In witness whereof, I hereunto set my hand and offici I seal. -~ --- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Notary Public in and for the State of ____ _ Laura L. Hoke, Notary Public Upper Allen Twp., Cumberland County My Commission Expires Jan, 25, 2011 Member, Pennsylvania Association of Notaries _ _ -~ _ LASEp Pp0 Lpndinp, Var. 6.03.00.001 Cep,. Mp/Imtl Fnpne,M Spbupn,, Inc. 1997, 2007. AN pipM, P~u,r~tl. ~ PA C:\COMMEpCIIILICFIILPL10201.FC TR~ 1419 PR.13 f ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200734129 Recorded On 8/31/2007 At 10:56:14 AM * Instrument Type -MODIFICATION OF MORTGAGE Invoice Number - 3547 User ID - AF * Mortgagor - LINN, JOHN S * Mortgagee -MEMBERS 1ST FEDERAL CR UN * Customer -MEMBERS 1SST FED CR UN * FEES STATE WRIT TAX $0.50 RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~y Op cuye~ ,'S' v ~ i'~o ;, RECORDER O D EDS ~7 ~ 1780 * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IiIIIIIIIIIIIIIIN EXHIBIT "E" V 1' ., ~ , /~7~~ "~/ ' ~~ 1 Parcel Identification Number: 22-24-0771-001 RECORDATION REQUESTED BY: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 WHEN RECORDED MAIL TO: Members 1st Federal Credit Union ATTN: Small Business Lending 5000 Louise Drive Mechanicsburg, PA 17055 SEND TAX NOTICES T0: Members 1st Federal Credit Union ATTN: Small Business lending 5000 Louise Drive FOR RECORDER'S USE ONLY Mechanicsbur PA 17055 MODIFICATION OF MORTGAGE THIS MODIFICATION OF MORTGAGE dated October 10, 2007, is made and executed between John S. Linn and Anna Mae Linn (referred to below as "Grantor") and Members 1st Federal Credit Union, whose address is ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 17055 (referred to below as "Lender"1• MORTGAGE. Lender and Grantor have entered into a Mortgage dated May 7, 2007 (the "Mortgage") which has been recorded in Cumberland County, Commonwealth of Pennsylvania, as follows: Recorded on May 9, 2007; Cumberland County Recorder of Deeds, Book 1991; Page 2661; Modification of Mortgage recorded on 08!3112007, Instrument # 200734129. REAL PROPERTY DESCRIPTION. The Mortgage covers the following described real property located in Cumberland County, Commonwealth of Pennsylvania: ALL THAT CERTAIN tract In Monroe Township, Cumberland County, Pennsylvania bounded and described as follows, to wit. Beginning at a iron pins, said point being the northwest property corner of lands now or formerly of David & Linda Smith and also lies on the Eastern property line of lands now or formerly of William & Vera Brubacker; thence along lends now or formerly of William & Vera Brubacker, North 41 degrees 35 minutes 3B seconds Wiest a distance of 753.92 feet to a point; thence along lands now or formerly of Agnes Deel, North 56 degrees 31 minutes 13 seconds East a distance of 379.47 feet to a point; thence ,along Lot 2 of the Final Subdivision Plan for John Linn, South 44 degrees 34 minutes 46 seconds East a distance of 532.29 feet to a point; thence along the same South 60 degrees 41 minutes 50 seconds East a distance of 107.74 feet to a point on the northern right-of-way of Kiner Boulevard, thence along the northern right-~of-way of Kiner Boulevard by a curve to the left having a radius of 60.00 feet, an arc length of 69.18 feet, a cord bearing of South 03 degrees 43 minutes 45 seconds East and a chord length of 65.41 feet to a point ;thence along lands now or formerly of David & Linda Smith, South 00 degrees 41 minutes 04 seconds West a distance of 89.45 feet to an iron pin; thence, along the same, South 56 degrees 57 minutes 03 seconds West a distance of 342.12 feet to an iron pin, said iron pin being the point of beginning. he Real Property or its address is commonly known as 1370 Kiner Road ,Carlisle , PA 1701 5. The Rea! Property parcel identification number is 22-24-0771-001. MODIFICATION. Lender and Grantor hereby modify the Mortgage as follows: Increasing Amount Secured from 550,000.00 to 590,000.00. MODIFICATION OF MORTGAGE (Continued) Pa9g 2 CONTINUING VALIDITY, Except as expressly modified above, the terms of the original Mortgage shall remain unchanged and in full force and effect and are legally valid, binding, and enforceable in accordance with their respective terms, Consent by Lender to this Modification does not waive Lender's right to requin3 strict performance of the Mortgage as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Mortgage Ithe "Note"). It is the intention of Lender to retain as liable all parties to the Mortgage and all parties, makers end endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any maker or endorser, including accommodation makers, shall not be released by virtue of this Modification. If any person who signed the original Mortgage does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, based on the representation to Lender that the non-signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF MORTGAGE AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF MORTGAGE IS DATED OCTOBER 10, 2007. THIS MODIFICATION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MODIFICATION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO I_AW. GRANTOR: X _,ISeaq inn X a. / l~ d~C ~.7~..-~-r.~~•/ 1Seap Anna Mae Llnn LENDER: MEMBERS 1ST FEDERAL REDIT UNION ~~ {Seal) uthorized Signer CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Members 1st Federal Credit Union, h ein is as follows: ATTN: Small Business Lending, 5000 Louise Drive, Mechanicsburg, PA 170 ttorney or Agent for Mortgagee MODIFICATION OF MORTGAGE (Continued) Page 3 INDIVIDUAL ACKNOWLEDGMENT' COMMONWEALTH OF PENNSYLVANIA ~ d ~-/may, ~ 1 SS COUNTY OF ~-~~~7/~1 ! c.-C-~ ~-' I On this, the ~ day of QL~IC1-~.-a ., 20 Q T ,before me ~~' " ,the undersigned Notary Public, personally appeared John S. Linn and Anna Mae Linn, known to me for satisfactorily proven) to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. to witn 6Nfl1 `fraViBNbN offic' al. ~ ~(~~`Y" Notarial Seal Laura L. Hoke, Notary Publ~ Upper Allen Twp., Cumberland County My Commission Expires Jan. 25, 2011 Notary Public in and for the State of _.__ Member, Pennsylvania Association of Notaries LENDER ACKNOWLEDGmEN i COMMONWEALTH OF PENNSYLVANIA COUNTY OF I SS On this, the day of _, 20 ,before me ,the undersigned Notary Public, personally appeared _ --- who acknowledged himself or herself to be the ---- of a lender, and that he or :she as such -- ,being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the lender by himself or herself as ___,_~__ In witness whereof, I hereunto set my hand and official seal. Notary Public in and for the State of LASER PNO L~ntlny. Vy,. 6.7~.OG.OM Goy,. Mrlw,tl yy,n,vW S~Wlbn,. Ma. 199], IUU7. rW Mlynu R~rmrM. ~ PA [:tCOM1.~P~C1~L1CFI1LyLIGTGr.,[: ~n rpia rn r~ ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200739414 Recorded On 10/15/2007 At 10:34:12 AM * Instrument Type -MODIFICATION OF MORTGAGE Invoice Number - 6667 User ID - RAK * Mortgagor -LIMN, JOHN S * Mortgagee -MEMBERS 1ST FEDERAL CR UN * Customer -MEMBERS 1ST FEDERAL CR UN * FEES STATE WRIT TAX $0.50 RECORDING FEES - $11.50 RECORDER OF DEEDS COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $17.00 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA O~ CUrya, ,c~ . ~ ~ ° RECORDER O D EDS ~i~so * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uiiuuluiAiuimii A , VERIFICATION I, Dan Summers, Collections Manager for Members 15! Federal Credit Union, acknowledge that I have the authority to execute this Verification on behalf of Members 1 S` Federal Credit Union and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the prepazation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS 1ST FEDERAL CREDIT UNION Dan Summers, Collections Manager F:1FlLFS1CIiau411l470 Manbersls!\I14T0 Curtem111470.222 Condruclion SetviW.Linn\11470.222.wml.wpd • <"a N ;.~ ~ q -,~_ Christopher E. Rice, Esquire ~~ ~ ~~ Attorne~~ I D No 90916 ~~ `~ ~`~-~' . . . --r r- Seth T. Mosebey, Esquire ~.~ N fir''' ~ Attonlev I.D. No. 203046 ~~ ~ ~c a --~G MAR~I'SON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~Q ~ ~-~'z MARTSON I,AW OFFICES ~'~ ~ © c 10 East High Street ~ ' t Carlisle. PA 17013 to ~~ ~-- (7l7)24~3-3341 Attorneys for Plaintiff MEMBERS 15' FEDERAL CREDIT UNION. Plaintiff ~-°. JOHN S. LINN and ANNA MAF, LINN, Defendants MARTSON LAW OFFICES By • `~ ~~' `~, Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle. PA 17013 (717) 243-3341 To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO[JNTY, PENNSYLVANIA NO. 2012 - 6611 CIVIL TERM PRAECIPE Please substitute the attached Notice of Residential Foreclosure to the Complaint in the above-referenc¢iaction. Date: ) o ,° ~,6~~ f ~z. Attorneys for Plaintiff Christopher E. Rice, Esquire Attorne~° I.D. No. 90916 R. Christopher VanLandingham, Esquire Attorney [.D. No. 307424 MAR I SON DEARDORFF WILLIAMS OTTO GILROY & FALLER MAR~I~SON LAW OFFICES 10 East High Street Carlisle. PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS ls` FEDERAL CREDIT UNION,. IN THE COURT OF COMMON PI,I=;AS OF CUMBERLAND COUNTY, PF,NNSYLVANIA Plaintiff v. NO. 2012 - (~ ~- i J CIVIL, TERM JOHN S. LINN and ANN:~1 MAE LINN, Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. I f you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-supervised conciliation conference in an eftort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at ("117) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto.. the legal representative will prepare and file a Request for Conciliation Conference with the Court. which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. if you are represented by a Dwyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact M.idPenn Legal Services for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on yourbehalf. If you and your lawyer complete a fina~zcial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. I f you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THF, STF,PS RF,QUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectlully submitted: MARTSON LAW OFFICES _~ Date: I o/ L6/ ~ t By: ~'` `J. ___ _ _____ _ Christopher F,. Rice, F,s ~`e I.D. No. 90916 Seth T. Mosebey, Esquire LD. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~,~}-~~ ~ ~~~~ Sheriff ;~.i:, ~'~F ~'~Q~~~~E~~~f'~ r~' ~a,~~titr pf ~~ti~b~rr~~+9 Jody S Smith Chief Deputy ~> . ~ ~ 1E111 N0V -9 AM $~ 35 .~ ~ ,:. ~_,; Richard W Stewart ~ ~~~„~~~~~~~(~ CD~~~Y Solicitor ~r ` ~ ~~ -..` '"~~"'~ PENNSYLVAN I A Members 1st FCU vs. Case Number Anna Mae Linn (et al.) 2012-6611 SHERIFF'S RETURN OF SERVICE 11/05/2012 04:01 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Anna Mae Linn at 1370 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. DE IS FRY, P Y 11/05/2012 04:01 PM -Deputy Dennis Fry, being duly sworn according to law, attempted service to the Defendant, to wit: John S. Linn at 1370 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. Deputies were advised by Anna Mae Linn, defendant's wife, that defendant is deceased. SHERIFF COST: $55.45 November 07, 2012 DD-~Y, SO ANSWERS, RON R ANDERSON, SHERIFF (G CaantySuite Sherff, 7eleosoft, Inc. F:\FILES\Clients\11470 Members]st\1 1470 Current\11470.222 Construction Services.Linn\I 1470.222.mot.stay2.wpd C—) `-.... Christopher E. Rice, Esquire Mm rn , Attorney I.D. No. 90916 z ` ' Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER . `!; MARTSON LAW OFFICES 10 East High Street 4° Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1St FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants : IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION TO LIFT THE STAY AND NOW,comes Plaintiff Members 1 st Federal Credit Union,by and through its attorneys, MARTSON LAW OFFICES, and files this Motion to Lift the Stay as follows: 1. Plaintiff, Members 1St Federal Credit Union ("Plaintiff'), is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant John S. Limn was an adult individual with a last known address of 1370 Kiner Road, Carlisle, Pennsylvania 17015. 3. Defendant Anna Mae Linn is an adult individual with a last known address of 1370 Kiner Road, Carlisle, Pennsylvania 17015. 4. Plaintiff filed a Complaint in Mortgage Foreclosure in the above-captioned mortgage foreclosure action on October 25, 2012, and forwarded a copy of the Complaint in Mortgage Foreclosure to the Cumberland County Sheriff for service upon Defendants. 5. The Complaint in Mortgage Foreclosure included allotice of the Cumberland County Residential Mortgage Foreclosure Diversion Program as well as the Financial Worksheets. (See Complaint in Mortgage Foreclosure). 6. According to the Sheriff s Return of Service,Defendant Anna Mae Linn was served with the Complaint in Mortgage Foreclosure on November 5, 2012. Defendant Anna Mae Linn advised the Sheriff s deputy that Defendant John S.Linn is deceased. A true and correct copy of the Sheriff s Return of Service is attached hereto and incorporated herein as Exhibit"A." 7. Per Administrative Order dated February 28,2012,a 60 day Automatic Stay is placed on all residential mortgage foreclosure actions in Cumberland County. 8. In order to participate in the Cumberland County Mortgage Diversion Program, Defendants were required to file a Request for Conciliation Conference within 60 days of the date of service of the Complaint. Said 60 day deadline expired on or about January 4, 2013. 9. Upon information and belief, Defendant Anna Mae Linn has not filed a Request for Conciliation Conference in this matter and has not opted into the Diversion Program. 10. No judge has previously ruled in this matter. 11. Plaintiff has written to Defendant Anna Mae Linn requesting concurrence in this motion. Defendant Anna Mae Linn has not responded and therefore,Plaintiff presumes Defendant Anna Mae Linn does not concur. WHEREFORE, Plaintiff requests this Court issue an Order lifting the Stay in this matter. MARTSON LAW OFFICES By. 5 ,,& 3, &A Christopher E. Rice, Esqu' e I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: April 23, 2013 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Members 1'Federal Credit Union. Any information obtained will be used for that purpose. EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard i1V Stewart Solicitor OFFICE OF THE$"HERIFF Members 1 st FCU vs. Case Number Anna Mae Linn (et al.) 2012-6611 SHERIFF'S RETURN OF SERVICE 11/05/2012 04:01 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Anna Mae Linn at 1370 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. DE IS FRY, PU 11/05/2012 04:01 PM- Deputy Dennis Fry, being duly sworn according to law, attempted service to the Defendant, to wit: John S. Linn at 1370 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. Deputies were advised by Anna Mae Linn, defendant's wife,that defendant is deceased. DE IS FRY, SHERIFF COST: $55.45 SO ANSWERS, November 07, 2012 RONW R ANDERSON, SHERIFF (c)CounlySuite Shenff,Teleosoft,Inc. CERTIFICATE OF SERVICE I,Mary M. Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Motion to Lift the Stay was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Anna Mae Linn 1370 Kiner Road Carlisle, PA 17015 MARTSON LAW OFFICES By: A, 0'4c'e� Mdy . Price Ten EVst High Street Carlisle, PA 17013 Dated: -,I/a S/4 3 (717) 243-3341 MEMBERS I"FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants : IN MORTGAGE FORECLOSURE ORDER AND NOW,this Z9'day of yi/ ,2013,upon consideration of Plaintiff s Motion to Lift the Stay, it appearing that Defendant Anna Mae Linn has not opted in to the Cumberland County Residential Mortgage Foreclosure Diversion Program by filing a Request for Conciliation Conference within 60 days of the date of service upon her of the Amended Complaint in this action, and it further appearing that the 60 day deadline to file the said Request has expired, said Motion is hereby granted and it is Ordered that the Stay is hereby lifted. BY THE COURT, J. Distribute to: ,Xhristopher E. Rice Esquire MARTSON LAW OFFICES • '7j 10 East High Street Carlisle, PA 17013 Cn Counsel for Plaintiff r c \ -ate Is. Anna Mae Linn 1370 Kiner Road U)r - o �0 c� Carlisle, PA 17015 r—= -- Pro Se Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire ^ S Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER F �,��� 13 ' � ' 3 13 MARTSON LAW OFFICES CUMBERLAND C01jj. 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1St FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants : IN MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Anna Mae Linn,in the amount of$100,947.56,plus interest from September 8,2012,at the rate of$9.24 per day until the debt is paid in full,along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiff s Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Defendant Anna Mae Linn on May 28,2013,which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By: Christopher E. Rice, Esqu' I.D. Number 90916 Seth T. Mosebey, Esquire I.D. No. 203046 , Ten East High Street Carlisle, PA 17013 +�/�I�1.3 (717) 243-3341 Dated: G �7d Attorneys for Plaintiff We,& AV Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEA.RDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I51 FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants : IN MORTGAGE FORECLOSURE IMPORTANT NOTICE TO: Anna Mae Linn DATE OF NOTICE: May 28,2013 1370 Kiner Road, Carlisle,PA YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717)249-3166 MARTSON LAW OFFICES By: J Seth T. Mosebey, Esquire This is a debt collecting firm attempting to collect a debt for Members I"Federal Credit Union. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1" FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, : Defendants : IN MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Seth T. Mosebey, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Anna Mae Linn was given to her by mail on May 28, 2013. Seth T. Mosebey, Esquire Sworn to and subscribed before me this/: Jday of , 2013. No ary 4blic ccOMMONWEALTH OF PEN $YLVANIA Notarial Seal i Mary M.Price,Notary pyplic Carlisle Bor, Cumber46 County commission Expires Aug.18,2015 EPoi ygplq ASSOFIATION OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 st FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants : IN MORTGAGE FORECLOSURE AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Seth T. Mosebey,Esquire,being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client,and to the best of his knowledge,information and belief, Defendant Anna Mae Linn, above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 1370 Kiner Road, Carlisle, Pennsylvania 17015. Said Defendant's place of employment is unknown. Seth T. Mosebey, Esquire Sworn to and subsQribed before me this adday of , 2013. � •Iw No ry ublic COMMONWEALTH OF P NN5YLVANIA Notarial 5eai' MarX K Price,Notary,Public Carlisle-Barb,Cumberland County Commi%lor+WresAu9.18, 5 MP.M9�Ri P4l5Kl AS�trcdATION ,. ARIES y A CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Anna Mae Linn 1370 Kiner Road Carlisle, PA 17015 MARTSON LAW OFFICES By , V`,✓fl�� M Price 10 East High Street Carlisle, PA 17013 Dated: 6 1,3/1.3 This is a debt collecting firm attempting to collect a debt for Members 1st Federal Credit Union. Any information obtained will be used for that purpose. F:\FILES\Clients\11470 Members 1st\11470 Current\11470.222 Construction Services.Linn\11470.222.pra.defau1t.a1.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1St FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants : IN MORTGAGE FORECLOSURE TO: ANNA MAE LINN NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 13 9% day of June, 2013,the following Judgment was entered against you in the above-captioned action: Judgment in the amount of$100,947.56, plus interest from September 8, 2012,at the rate of$9.24 per day until the debt is paid in full,along with any additional costs or attorney fees incurred thereafter, for failure to file an Answer to Plaintiffs Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Anna Mae Linn 1370 Kiner Road Carlisle, PA 17015 FABLES\Clients\11470 Members I st\11470 Current\l 1470.222 Construction Services.Linn\l 1470.222.pra2.execution.wpd i 'M r '" —°�r �"•M 0 HE i'RO mC+wniu.�' 2013 SEP -3 AM 111! 28 Christopher E. Rice, Esquire CUMBERLAND COUNTY Attorney I.D. No. 90916 PENNSYLVANIA Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS Pt FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against Anna Mae Linn, Defendant; and (3) execute against real property known as 1370 Kiner Boulevard,Carlisle,Cumberland County,Pennsylvania,owned by Defendant Anna Mae Linn,and identified on Exhibit"A"attached hereto. Principal Balance: $89,938.93 Late Fees: $ 50.00 Interest past due as of September 8, 2012: $ 1,464.74 Interest accruing at $9.24 per day from September 8, 2012: $ Court Costs and Fees: $ a w , Attorney's Fees: $ 8,993.89 j 1p3,75-Ccsl4r4,r Total Due: $ r * To be determined by the Cumberland County Sheriff. MARTSON LAW OFFICES By. Cih. � �. ✓L. Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: �� 3—/3 Attorneys for Plaintiff EXHIBIT "A" DOCKET NO. 2012 - 6611 Tax Parcel No. 22-24-0771-001 ALL THAT CERTAIN tract of land, comprising 6.82 acres, situate in Monroe Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin,said point being the northwest property corner of lands now or formerly of David & Linda Smith and also lies on the eastern property line of lands now or formerly of William&Vera Brubaker;thence along lands now or formerly of William&Vera Brubacker,North 41 degrees 35 minutes 38 seconds West a distance of 753.92 feet to a point;thence along lands now or formerly of Agnes Deel,North 56 degrees 31 minutes 13 seconds East a distance of 379.47 feet to a point; thence, along Lot 2 of the Final Subdivision Plan for John Linn, South 44 degrees 34 minutes 46 seconds East a distance of 532.29 feet to a point;thence along the same South 60 degrees 41 minutes 50 seconds East a distance of 107.74 feet to a point on the northern right-of-way of Kiner Boulevard, thence along the norther right-of-way of Kiner Boulevard by a curve to the left having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of South 03 degrees 43 minutes 45 seconds East and a chord length of 65.41 feet to a point; thence along lands now or formerly of David&Linda Smith, South 00 degrees 41 minutes 04 seconds West a distance of 89.45 feet to an iron pin;thence,along the same, South 56 degrees 57 minutes 03 seconds West a distance of 342.12 feet to an iron pin, said iron pin being the point of Beginning. TO BE SOLD AS THE PROPERTY OF ANNA MAE LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire P�� �7! E_0-0 F �;..,.. Attorney I.D. No. 90916 Crf,. THE P R 0 T H 0 N OTPh R Seth T. Mosebey, Esquire Attorney I.D. No. 203046 2013 SEP —3 AM 11= 28 MARTSON LAW OFFICES 10 East High Street CUMBERLAND COUNTY PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 S`FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Members 15`Federal Credit Union, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1370 Kiner Boulevard, Carlisle, Cumberland County, Pennsylvania, and as further described in Exhibit "A" attached hereto: 1. Name and address of owner(s) or reputed owner(s): Anna Mae Linn 1370 Kiner Boulevard Carlisle, PA 17015 2. Name and address of defendant(s) in the judgment: Anna Mae Linn 1370 Kiner Boulevard Carlisle, PA 17015 John S. Linn 1370 Kiner Boulevard Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 4. Name and address of the last recorded holder of every mortgage of record: Members 1" Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Estate of John S. Linn c/o Anna Mae Linn, Executrix 1370 Kiner Boulevard Carlisle, PA 17015 Estate of John S. Linn c/o Harry M. Baturin, Esquire BATURIN & BATURIN 416 Forster Street Harrisburg, PA 17102 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. MARTSON LAW OFFICES Date: �.- 3 -13 By: Christopher E. Rice, Esquire EXHIBIT "A" DOCKET NO. 2012 - 6611 Tax Parcel No. 22-24-0771-001 ALL THAT CERTAIN tract of land, comprising 6.82 acres, situate in Monroe Township, Cumberland,County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin,said point being the northwest property corner of lands now or formerly of David & Linda Smith and also lies on the eastern property line of lands now or formerly of William&Vera Brubaker;thence along lands now or formerly of William&Vera Brubacker,North 41 degrees 35 minutes 38 seconds West a distance of 753.92 feet to a point;thence along lands now or formerly of Agnes Deel,North 56 degrees 31 minutes 13 seconds East a distance of 379.47 feet to a point; thence, along Lot 2 of the Final Subdivision Plan for John Linn, South 44 degrees 34 minutes 46 seconds East a distance of 532.29 feet to a point;thence along the same South 60 degrees 41 minutes 50 seconds East a distance of 107.74 feet to a point on the northern right-of-way of Kiner Boulevard, thence along the norther right-of-way of Kiner Boulevard by a curve to the left having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of South 03 degrees 43 minutes 45 seconds East and a chord length of 65.41 feet to a point; thence along lands now or formerly of David&Linda Smith, South 00 degrees 41 minutes 04 seconds West a distance of 89.45 feet to an iron pin;thence,along the same, South 56 degrees 57 minutes 03 seconds West a distance of 342.12 feet to an iron pin, said iron pin being the point of Beginning. TO BE SOLD AS THE PROPERTY OF ANNA MAE LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. T V Christopher E. Rice, Esquire .IL L 0. 0 F F! Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 2� 3$ � —3 �� MARTSON LAW OFFICES CUMBERLAND COUNTY 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1s`FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property will be held on December 4,2013, by the Cumberland County Sheriff's Office, at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property,together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED HERETO). THE LOCATION of the property to be sold is 1370 Kiner Boulevard, Carlisle, Pennsylvania 17015. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 2012-6611, Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNER OR REPUTED OWNER OF THE PROPERTY IS Anna Mae Linn. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff(for example,to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty(30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will,in fact,be made unless someone objects by filing exceptions to it within ten(10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held,sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: S /L-- Christopher E. Rice, Esquire I.D. 90916 Seth T. Mosebey, Esquire I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 9 3 3 Attorneys for Plaintiff 5 EXHIBIT "A" DOCKET NO. 2012 - 6611 Tax Parcel No. 22-24-0771-001 ALL THAT CERTAIN tract of land, comprising 6.82 acres, situate in Monroe Township, Cumberland County, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at an iron pin,said point being the northwest property corner of lands now or formerly of David & Linda Smith and also lies on the eastern property line of lands now or formerly of William&Vera Brubaker;thence along lands now or formerly of William&Vera Brubacker,North 41 degrees 35 minutes 38 seconds West a distance of 753.92 feet to a point;thence along lands now or formerly of Agnes Deel,North 56 degrees 31 minutes 13 seconds East a distance of 379.47 feet to a point; thence, along Lot 2 of the Final Subdivision Plan for John Linn, South 44 degrees 34 minutes 46 seconds East a distance of 532.29 feet to a point;thence along the same South 60 degrees 41 minutes 50 seconds East a distance of 107.74 feet to a point on the northern right-of-way of Kiner Boulevard, thence along the norther right-of-way of Kiner Boulevard by a curve to the left having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bearing of South 03 degrees 43 minutes 45 seconds East and a chord length of 65.41 feet to a point; thence along lands now or formerly of David&Linda Smith, South 00 degrees 41 minutes 04 seconds West a distance of 89.45 feet to an iron pin;thence,along the same,South 56 degrees 57 minutes 03 seconds West a distance of 342.12 feet to an iron pin, said iron pin being the point of Beginning. TO BE SOLD AS THE PROPERTY OF ANNA MAE LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. Christopher E. Rice, Esquire 1_ C;' Attorney I.D.No. 90916 OF THE PRO THOMOTAR, Seth T. Mosebey, Esquire Attorney I.D.No. 203046 2013SEP -3 APB 11* 28 MARTSON LAW OFFICES CUMBERLAND COUNITY 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS I s`FEDERAL CREDIT IN THE COURT OF COMMON PLEAS OF UNION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants NOTICE UNDER RULE 2958.2 OF JUDGMENT AND EXECUTION THEREON Notice of Defendants' Rights TO: Anna Mae Linn A judgment in the amount of$100,947.56 has been entered against you and in favor of the plaintiff without any prior notice or hearing based on a confession ofludgment contained in a written agreement or other paper allegedly signed by you. The court has issued a writ of execution which directs the sheriff to levy upon and sell certain real property owned by you to pay the judgment. The sheriff s sale has been scheduled for December 4,2013. You may have legal rights to defeat the judgment or to prevent or delay the sheriff s sale. 1. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 11. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT ITTO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 (71.7) 249-3166 MARTSON LAW OFFICES Christopher E. Rice, Esquire Attorney I.D.No. 90916 Seth T. Mosebey, Esquire Attorney I.D.No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date. 1y1,. 3— / Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2012-6611 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff(s) From JOHN S.LINN and ANNA MAE LINN (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$89,938.93 Plaintiff Paid$ Interest PAST DUE AS OF SEPTEMBER 8,2012-$1464.74 -INTEREST ACCRUING AT$9.24 PER DAY FROM SEPTEMBER 8,2012 Attorney's Comm, % $8993.89 Law Library$.50 Attorney Paid$204.20 Due Prothonotary$2.25 Other Costs$50.00-LATE FEES Date: Sept.3,2013 lav-- - --,b— ij�j David D. Buell,Prothonotary (Sea!1 Deputy REQUESTING PARTY: Name: Christopher E.Rice,Esq. Address:Martson Law Offices,Ten East High Street,Carlisle,PA 17013-3093 Attorney for: Plaintiff Telephone:717-243-3341 Supreme Court ID No. 90916 Christopher E. Rice, Esquire THE PRO H O Attorney I.D. No. 90916 2013 SEP 24 P 21 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 CUMBERLAND COUNT MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS l s' FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2012 - 6611 CIVIL TERM JOHN S. LINN and ANNA MAE LINN, Defendants AFFIDAVIT OF NOTIFICATION Christopher E.Rice,Esquire,attorney for Plaintiff,first having been duly affirmed according to law, deposes and says that on or about the 23' day of September, 2013, he notified all lien creditors and any other parties listed in the 3129.1 affidavit of the sheriff's sale in the above- captioned action. Notification was sent by regular mail. The 3817 certificates of mailing are attached hereto. f� Affirmed and subscribed to before me this day of September, 2013. i4 A, No ublic 5., COMMONWEALTH OF PENNSYLVANIA Christopher E. Rice, Esquire =Comlv al ary Public I.D. No. 90916 anQ County A, .18 is Ten East High Street MEM a�" � " Y o f"orauES Carlisle, PA 17013-3093 (717) 243-3341 Date: 9/24/13 Attorneys for Plaintiff y JUNITEDSTATES Certificate Of POSTAL SERVICE Mailing 3JV1sod sn Thls Certilimte of Mailing provides evidence that mail has been presented to USPS®for mailing. Thia form may be used for domestic and International man. From: M 1'ARTSON LAW OFFICES e of 10 Bast High Street S d Sn U N N E EIOZ $ tC To: Estate of John S. Linn d38 H31SVH C/o Anna Mae Linn, Executrix UV 1370 Kiner Boulevard Carlisle, PA 17013 PC Fnrm 3A17 And 2007 PSN 7530-02-000-9065 UNITEDSTATES Certificate Of 39VISOd sn POSTAL SERVICE Mailing TMs COOfficate of Maflbrg pravWes evldertee that malt has been presented to USPS®for mailing. This form may be used for domestic end IMenmtbnal mall. F From: N Oi O N a n Carlisle, PA 170rn w v 13 jE CO 831SVH 1 r Members lst Federal Credit Union d 5000 Louise Drive Mechanicsburg, PA 17055 PC Fnrm 3617 Anril 2007 PSN 7530-02-000-9065 t '�'� UNITEDSTATES Certificate 01 J POSTAL SERVICE Mailing 39VISOd sn This Certnimte of Men"provides evidence that mail has been presented to USPS®for mailing. This form may be used for domestic and Intematlonal mail. From: (h rj 01 o IMARTSON LAW OFFICES o R 10 Bast High Street N — E C N I a -1. g72 31SVH To: Estate of John S. Linn to c/o Harry M. Baturin, Esquire `Qp�r 416 o s;tPr Street Harrisburg, PA 17102 i Pc Form 3817 Anril 2007 PSN 7530-02-000-9065 J CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Notification was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Anna Mae Linn 1370 Kiner Boulevard Carlisle, PA 17015 MARTSON LAW OFFICES By. /q/, Marf Price 10 East High Street Carlisle, PA 17013 Dated: ��3 ° Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF ME ,SKRIFf= '�- ,c r �.� 'HE PRCT�����|' `y ' ~ uo:�. *,. 1-1.4R /A AM 14 , �'. r ^UN COUNTY PENNSYLVANIA Members 1st FCU vs. Anna Mae Linn (et al.) Case Number 2012-6611 SHERIFF'S RETURN OF SERVICE 09/23/2013 03:20 PM - Deputy Jamie DiMartle, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1370 Kiner Boulevard, Monroe - Township, Cadia|a, PA 17013, Cumberland County. 09/23/2013 03:20 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Real Estate Writ, Notice and Oeycription, in the above titled act\on, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Anna Mae Linn at 1370 Kiner Boulevard, Monroe Township, Carlisle, PA 17015. Cumberland County. 12/04K2013 As directed by Christopher E Rice, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/11/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $829.37 SO ANSWERS, March 14, 2014 RONNYR ANDERSON, SHERIFF wu�*mwn�tfi,r�osm*c On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA, Known and numbered as, 1370 Kiner Boulevard, Carlisle, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: September 9, 2013 r L By: c bko-ci inaz L.J Real Estate Coordinator d LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-6611 Civil Term MEMBERS 1ST FCU vs. ANNA MAE LINN, John S. Linn—Deceased Atty.: Christopher E. Rice DOCKET NO. 2012-6611, Tax Parcel No. 22-24-0771-001. ALL THAT CERTAIN tract of land, comprising 6.82 acres, situate in Monroe Township, Cumberland County, Commonwealth of Penn- sylvania, bounded and described as follows: BEGINNING at an iron pin, said point being the northwest property corner of lands now or formerly of Da- vid & Linda Smith and also lies on the eastern property line of lands now or formerly of William 8s Vera Brubaker; thence along lands now or formerly of William & Vera Brubacker, North 41 degrees 35 minutes 38 seconds West a distance of 753.92 feet to a point; thence along lands now or formerly of Agnes Deel, North 56 degrees 31 minutes 13 seconds East a distance of 379.47 feet to a point; thence, along Lot 2 of the Final Subdivision Plan for John Linn, South 44 degrees 34 minutes 46 seconds East a dis- tance of 532.29 feet to a point; thence along the same South 60 degrees 41 minutes 50 seconds East a distance of 107.74 feet to a point on the north- ern right-of-way of Kincr Boulevard, thence along the norther right-of-way of Kiner Boulevard by a curve to the left having a radius of 60.00 feet, an arc length of 69.18 feet, a chord bear- ing of South 03 degrees 43 minutes 45 seconds East and a chord length of 65.41 feet to a point; thence along lands now or formerly of David & Linda Smith, South 00 degrees 41 minutes 04 seconds West a distance of 89.45 feet to an iron pin; thence, along the same, South 56 degrees 57 minutes 03 seconds West a distance of 342.12 feet to an iron pin, said iron pin being the point of Beginning. 77 TO BE SOLD AS THE PROPERTY OF ANNA MAE LINN ON JUDGMENT ENTERED AT THE ABOVE NUMBER AND TERM. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. is Marie toyne, E itor SWORN 0 AND SUBSCRIBED before me this 25 day of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-Newg Co. �020 Technology Pkomy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 C(JMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atr ot Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} se Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectiveJy, and all have been continuously pubished ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the aUegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. _—_-PUmm'1r-Aa»mN r_CAp.Y_ 2012-6611 CIA Term MEMBERS 1ST FCU vs. ANNA MAE UNN hn S. Unn - Deceas : Christopher Em DO NO. 2012-6611 Tax Parcel No. 22-2*-0771-00' /- ALL naxrCEnmm tract of land, , comprising 6.82 acres, situate in Monroe Townsh Cumberland County, Commonwealth ^/ Pennsylvania, bounded and described as tollows: I3EGINNING al an iron pin, said point being (he northwest property corner of lands now or formerly of David & Linda Smith and also lies on thc eastcrn property line of Jands now or formerly of WiUiam & Vera Brubaker; thence along lands now or formerly of William & Vera Brubacker, North 41 degrees 35 minutes 38 seconds West x distance m 753.92 feet to a point; thence along lands now or formerly of Agnes Deel, North 56 degrees 31 minutes 13 seco`nas-Easn'distance of 379.47 feet to a point; thcnce, along Lot 2 of the Final Subdivision Plan for John Lion, This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 nd subscribed before me this 11 day of November, 2013 A.D. C2)1) umic CO 0 OF ENNSYLVAN Notanat Seal liolly Lynn Warfel, Notary Public Washington Twp,, Dauphin County M Commission Ex res Dec. 12 2016 ON OF NOTARI AN .tir% •