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Home My WebLink About13-0100 " P~ ~~ THE OT1~igN ~.~1;'r' Z0~3 JAN -7 AM ~~. 32 COAKLEY and RICHARD L IN THE COURT OF CO ~' NTY . SUSAN P. COAKLEY, CUMBERLAND COU A Plaintiffs, PENNSYLVANIA v, : CIVIL ACTION -LAW NO l3 ~d ~ ~E TIMOTHY J. HOGG and . -1 i! ~ -_ - " / JANA M. HOGG, Defendants. PRAECIPE TO TRANSFER AND FOR ENTRY OF JUDGMENT TO: PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to the attached Exemplification of Judgment as to Timothy J. Hogg and Jana M. Hogg, please transfer the judgment, which was originally entered in the Court of Common Pleas of York County, Pennsylvania, at Docket No. 2012-NO-000708-30, to Cumberland County, Pennsylvania, and index it in favor of Plaintiffs, Richard L. and Susan P. Coakley, and against Defendants, Timothy J. and Jana M. Hogg, in the amount of $268,264.59, plus ongoing interest, attorney's fees and costs of suit. TUCKER AB~NSBER~F'.C. DATE: ~''i o `f~~.3 _ 132184.1 phen M. Greecher, Jr. Pa. I.D. No. 36803 Christopher E. Fisher Pa. I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 ATTORNEYS FOR PLAINTIFFS $~33 . SLS ~~ CIS /3v5 ~ ~8~9Gg ZQ13 JAN -7 AM ti ~ 32 RICHARD L. COAKLEY and IN THE COU ~~ A~~S SUSAN P. COAKLEY, CUMBER ~ , Plaintiffs, PENNSYLVANIA v, CIVIL ACTION -LAW Y . HOGG and NO. ~ -- TIM~TH J ~l JANA M. NOGG, Defendants. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF CUMBERLAND ) Before me, the undersigned Notary Public in and for said Commonwealth and County, personally appeared CHRISTOPHER E. FISHER, known to me (or satisfactorily proven) to be the within affiant, who being duly sworn according to law, deposes and says the following: 1. The last known address of the Defendants are: Timothy J. Hogg 322 Equus Drive Camp Hill, PA 17011 Jana M. Hogg 322 Equus Drive Camp Hill, PA 17011 2. The address of the Plaintiffs are: Richard L. Coakley 10 Citadel Drive Camp Hill, PA 17011 Susan P. Coakley 10 Citadel Drive Camp Hill, PA 17011 3. The attached judgment is valid, enforceable and unsatisfied, and should be indexed against the Defendants, Timot~~ogg anima M. Hogg. SWORN TO and S~JBSCRIBED before me this ~_ day of January,..~013 L. er E. Fisher NOTARiAt SEAL MICHELE KUSERY-GRANT NoUry pyWic E My~Comm :bo ExpiMgERIAND~ 05NTY OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary Billie Jo Bones Deputy Prothonotary Gregory E. Gettle Solicitor RICHARD L COAKLEY SUSAN P COAKLEY Plaintiff Vs. TIMOTHY J HOGG DANA M HOGG Defendant To Whom It May Concern: York County Judicial Center 45 North George Street York, Pennsylvania 17401 Telephone (717) 771-9611 Case No. 2012-NO-000708-30 I certify that judgment was entered in favor of RICHARD L & SUSAN P COAKLEY and against TIMOTHY J & DANA M HOGG on the 16TH day of FEBRUARY. 2012 in said case in the amount of $268,264.59. Total costs paid by plaintiff to the York County Courts equals $122.25. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 18TH day of DECEMBER, 2012. My C issio xpires anuary 2, 2016 B ~ Y ~- Deputy YORK COUNTY PROTHONOTARY Page 1 of 1 Ijf 12/18/2012 2012-NO-000708-30 COAKLEY RICHARD L vs. NOGG TIMOTHY J Action 12/06/2012 ORDER DENYING DEFT'S PETITION TO STRIKE OR 03041 3 OPEN CONFESSED JUDGMENT BY THE CT STEPHEN P LINEBAUGH PRESIDENT JUDGE 12/06/2012 NOTICE GIVEN RE: PA R. C. P. 236 MAILED TO ATTY 04089 1 GREECHER/ATTY ZEIGLER ON 12-7-12 @11AM 11/29/2012 EXHIBIT(S) OF DEFT 1, 2 04870 3 11/29/2012 EXHIBIT(S) OF PLTF 1 - 16 64 04/09/2012 PETITION TO OPEN AND/OR STRIKE JUDGMENT TO 04365 44 12-SU-1514-40 03/16/2012 NOTICE OF JUDGMENT AND EXECUTION 04806 7 03/16/2012 CERTIFICATE OF SERVICE OF JUDGMENT AND 04025 2 EXECUTION 02/16/2012 JUDGMENT CONFESSED PURSUANT TO WARRANT 04307 1 OF ATTY IN AMT OF $268,264.59 02/16/2012 COMPLAINT AND CONFESSION OF JUDGMENT ON 04452 27 NOTE=DATED 12/30/2008 02/16!2012 AFFIDAVIT RE: NON-CONSUMER CREDIT 05164 1 TRANSACTION 02/16/2012 AFFIDAVIT OF NON-MILITARY SERVICE 02010 1 02/16/2012 CERTIFICATE OF RESIDENCE 04320 1 02/16/2012 ACT 105 OF 2000 NOTICE 04806 3 02/16/2012 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 2 FILED TO DEFTS Party Name Atty Name D• NOGG TIMOTHY J ZEIGLER, JOHN P D- HOGG, JANA M ZEIGLER, JOHN P P- COAKLEY RICHARD L GREECHER, STEPHEN M JR P- COAKLEY, SUSAN P GREECHER, STEPHEN M JR Total Number of Pages 160 \V ~ a.. E rs .... 0 O .y ~ .~ o H C oar ~~~ W j N _~~ E i w a° ~ RICHARD L. COAKLEY and, IN THE COURT OF COMMON PLEAS SUSAN P. COAKLEY, OF YORK COUNTY, PENNSYLVANIA Plaintiffs, v. ~.. , ._,___..,- - -- ,,, ~ Thursday, Febru2ry 76, 2072 3'03 PM ~_ fV TIMOTHY J. HOGG and 2012-NO-000708-30 ~.~~ r JANA M. NOGG, ~ ~;_- a' civil Action = L~RT-a~8 tgaity ~;- ~ m Defendants. ~ r -o y.. ~.. N CONFESSION OF JUDGMENT "'~ Pursuant to the authority granted in the Warrant of Attorney contained in the Guaranty, a copy of which is attached as Exhibit "B" to the Complaint fled in this action, the undersigned attorney hereby appears for the Defendants and confesses judgment in favor of the Plaintiffs, Richard L. Coakley and Susan P. Coakley ,and against the Defendants, jointly and severally, as follows: Principal Debt Past Due Payments for 11/2011 and 01/2012 Late Fees Interest through 02/15/12 Plus costs. fees, expenses and ongoing interest Total (plus costs, fees and expenses) By. $259,227.27 4,261.50 TBD '_ ~, $268,264 9 ~ ~ a ~_ ~~o ~ N ~ C C p f3~ W ~ li G7 t0 St he reecher, Jr. ~ Y E Attorney for Richard L. Coakley ~~! ~° ~ and Susan P. Coakley Stephen M. Greecher, Jr., Esquire sgreecher@tuckerlaw.com Christopher E. Fisher, Esquire cfisher@tuckerlaw.com TUCKER ARENSBERG, P.C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 RICHARD L. COAKLEY and, IN THE COURT OF COMMON PLEAS SUSAN P. COAKLEY, OF YORK COUNTY, PENNSYLVANIA Plaintiffs, i 7nursaay, February 76, zo,z z5s ~M v. Civil Action No. i 2p12_Np_Op0708-30 TIMOTHY J. HOGG and ~~~ ~ ~ - - - - - - DANA M. HOGG, Civif Action -Law and Equity ~ ^' Defendants. ^} ~, ..~' Q :.. ___. ~ " Cn COMPLAINT IN CONFESSION OF JUDGMENT ~ `~ ~' 1 ~r / G..1 AND NOW, come the Plaintiffs, Richard L. Coakley and Susan P. Coakley, by o and through their counsel, Tucker Arensberg, P.C., and file this Complaint confessing judgment in their favor, stating as follows: 1. Plaintiffs, Richard L. Coakley and Susan P. Coakley, (hereinafter the 0 "Coakleys"), are adult individuals with an address of 10 Citadel Drive, Camp Hill, N `_ a Cumberland County, Pennsylvania 17011. a 2. Defendants, Timothy J. Hogg and Jana M. Hogg, (hereinafter the "Hoggs"), are adult individuals with a last known address of 322 Equus Drive, Camp Hill, I ~ N {A Y York County, Pennsylvania 17011. ~ `° ~ U C C ~ ? 3. Irish Restaurants, LP and Irish Properties, LP, are Pennsylvania limited J ~-~- ~-+ partnerships with a registered address of 322 Equus Drive, Camp Hill, York County, o it Y e W ~ U Y Pennsylvania 17011. 4. COn December 30, 2008, Erish Restaurants, LP and Irish Properties, LP executed, among other things, two Mortgage Notes in the combined original principal amount of $265,000.00, in favor of the Coakleys. True and correct copies of the Mortgage Notes are attached hereto, incorporated herein and labeled Exhibit "A". 5. Pursuant to the terms of the Guaranty executed on December 30, 2008, the Hoggs unconditionally, jointly and severally guarantied the obligations of Irish Restaurants, LP and Irish Properties, LP, in the combined original principal amount of $2fi5,000.00. A true and correct copy of the Guaranty is attached hereto, incorporated herein and labeled Exhibit "B°. 6. Irish Restaurants, LP and Irish Properties, LP have defaulted under the Mortgage Notes by failing to make payment when due and issuing checks on insufficient funds. 7. By letter dated December 23, 2011, and directed to the Hoggs, the Coakleys demanded payment under the Guaranty. A true and correct copy of the December 23, 20121etter is attached hereto, incorporated herein and labeled Exhibit «C„ 8. There has been no assignment of the Mortgage Notes or the Guaranty. 9. Judgment has not been entered on the Mortgage Notes or the Guaranty in any jurisdiction. 10. The judgment by confession sought by the Coakleys in this Complaint is not being entered against a natural person in connection with a consumer credit transaction. 11. By Warrant of Attorney contained in the Guaranty, the Hoggs authorized entry of judgment by confession. 12. Pursuant to the Warrant of Attorney executed by the Hoggs, the Hoggs waived the benefit of all laws exempting real or personal property from execution. 13. Pursuant to the Warrant of Attorney contained in the Guaranty, judgment may now be entered against the Hoggs as payments on the Mortgage Notes and under the Guaranty were not made when due, thereby creating an event of default under the Guaranty and accelerating all amounts due thereunder. 14. Under the Note, the following amounts are now due by the Hoggs to the Coakleys: Principal Debt $259,227.27 Past Due Payments for 11/2011 and 01/2012 4,548.40 Late Fees Interest through 02/15/12 227.42 4,261.50 Plus costs, fees, expenses and ongoing interest TBD Total (plus costs, fees and expenses) $268,264.59 15. Under the terms of the Guaranty, the Hoggs are liable to the Coakleys for all costs, fees and expenses (including attorneys' fees). WHEREFORE, the Plaintiffs, Richard L. Coakley and Susan P. Coakley, demand that a judgment be entered against the Defendants, Timothy J. Hogg and Jana M. ' Hogg, as authorized in the Warrant of Attorney contained in the Guaranty, in the sum of $268,264.59, plus ongoing interest, attorneys' fees and costs of suit. Respectfully submitted, TUCKER ARE B RG, P.C. By: St en M. Greecher, Jr. Pa. I.D. No. 36803 Christopher E. Fisher Pa. I.D. No. 201395 2 Lemoyne Drive, Suite 200 ley and EXHIBIT A ie\miq\hogptocoakleynote ~:..' r $~00, 000. QQ j FOR VALUE RECEIVED, PROPERTIES. LP , whoae a (jointly and severally " ~dORT~iAGE NOTE ~ Q~pQ~er 30 2006 Date I Unlers}gned, IRISH RESTAURANTS LP and IRISH s s ~~,~ Fnn+~a Dr,j„y,~,:„~amD H j 11 ~~{ j,7011 ~we "),promises to pay to RICHARD L. COAKLEY I , ("Lender"), whose address is ,~Q, 17011 the principal sum of Two Hundred Thousand and 00/100(•$200,000.00, Dollars. together with interest on the unpaid principal balance at~the~~rate set forth below (the "Obligation"). To be repaid as follows: • This obligation shall .be repayable in,~~ consecutive equal monthly installments of interest only of Three Hundred Thirty Three and 33/100($333.33) Dollars and`theteafter ~¢, consecutive monthly installments of principal afid interest of One Thousand Seven Hundred Sixteen and 31/lOp($1,716.31) Dollars. The first scheduled monthly interest payment shall be due Januarls 3q_2Qd9 and payments of interest and the principal and interest shall continue to be due and payable on the~_ day of each month thereafter until December ~0. 2028 (the "Maturity Date") at which time the final installment of all payments shall be due and payable. ~ • The Applicable Rate of~Interest is_$$„_. The liability o£ the Borrower hereunder shall be joint and several. Interest at the interest rate provided herein shall continue to accrue and be paid and continue to :be paid :even after default, maturity, acceleration, recovery of judgment, bankruptcy or insolvency proceedings of any kind or the happening of any event or occurrence, similar or dissimilar, All payments due under .this Note shall be made at 10 Citadel D~v~~ Came Hill. ~A. t7Q11 For so long as Borrower is•indebted to the SEDA-COG Local Development Corporation or United States: Small Business Administration (collectively the SBA>, this Mortgage Note; may not be prepaid in whole or in part without the express written permission of the SBA. It is anticipated that Borrower will in due course execute ahd d811ver a note and mortgage to the SBA to be • secured by the Collateral (described below). This Mortgage Note and the ~~ Mortgage securing the payment of this Mortgage Note are and always will be junior, inferior and subordinate to the above described note and mortgage in favor of the SBA. If ragpested by the SBA, Lender will execute whatever documents are reasonably necessary to further confirm the subordination of this Mortgage Note securing the payment of same to the 5BA loan documents. If at any time the Borrower shall fail to pay any installment of principal or interest in full hereunder for a period of 10 days after such payment shall be due, the Borrower promises to pay, to the extent permitted by law, a delinquency charge~of bB to each suchinstallment or part thereof. i The term "Collateral" means the following property in which a security interest is hereby granted to Lender: Fourth lien position mortgage on properties known as 217 Third St./301-3D3 Bridge St., 305/307 Bridge St., .nd 309-311 Bridge St., New Cumb~rlarid, Cumberland County, Pennsylvania. The occurrence~of any f t~e fdllowing shall be •a default .hereunder: (a) the nonpayment ZO days fte~ th~ date due of any amount(s) payable on any of the Liabilities) (b}~fai}.ure;of the Borrower to perform any agreement hereunder; (c) th8 fi2ing;of any petition under any bankruptcy or insolvency laws, state or federal, by or against any Borrower; (d) an application for the appointt~entiof ~ custodian, receiver, trustee, sequestrator, liquidator, ec~nservatdr, or other judicial officer similar or dissimilar, or the insolvenay o the making of any assignment for the benefit of creditors by anyBor~owez; (e} the entry of any judgment against any Borrower; (f) the issuerr}}ce of ariy attachment or garnishment or the attaching of any lien against ariy property of any Borrower; (g) the seizure, condemnation or forfeiture of a substantial part of any Borrower's property at the instance of •any•government or governmental agency or instrumentality, local, state oX federal; (h) the dissolution, merger, consolidation, reorganizatidn or sale of substantially all of the assets of any Borrowers (i) the commericem8nt of proceedings for the dissolution, merger, consolidation, reorganization, or sale of substantially all of the assets of any Borrower; (j) the assignment by the Borrower of any interest in any, or the existence of any lien or secuxity interest of the Collateral, other than Lender's;•(k) Borrower's failure to pay any amounts due under the mortgages in the first, second or third lien positions against the Collateral. Upon the occurrence of a default: ;i) all Liabilities shall, at the option of the holder of this Note, be immediately due and payable without notice or demand on any Borrower and without requiring any recourse against any person or property liable for or securing any of the Liabilities; (ii) Lender shall have the immediate.righ't of setoff against the Liabilities of any indebtedness owed by Lender to each Borrower, whether or not due, and Lender shall be deemed to have exercised such right and charged each Borrower's indebtedness immediately upon the occurrence of such default ven if Lender does not enter such charge on its books immediately; (iii) .~11 of Lender's rights and remedies hereunder, under any other documents now or hereafter executed, or under any_laws shall be cumulative and may deem appropriate. Time is of the essence. The Borrower waives presentment, demand, notice of dishonor, protest and notice of protest. The liability of the Borrower shall be uncondition- al and absolute without regard t•o the liability of any other party, and shall not be affected by additions to, exchanges of or substitutions for the Collateral nor any indulgence granted or consented to by Lender, including, without limitation, and release of any party or release of any Collateral, extension of time, renewal, waiver ar other modification. Any failure of Lender to exercise the same right at any time and from time to ;time thereafter. ~~ The Borrower waives and releases their rights under any and a1I ap- praisement, stay or exemptioh laws, existing now or hereafter and agree that Pennsylvania law shall govern any issue arising hereunder. The Undersigned intend this to be a sealed instrument and to be legally bound hereby. Borrowers each hereby agree to pay all costs of collection incurred by Lender, including without limitation; attorney's fees. THE BORROWER DOES HEREB'L IRREVOCABLY AUTHORIZE AND EMPOWER THE PROTHDNOTARY OR CLERK OR ANY ATTORNEY OF ANX COURT OF RECORD OED PENNSYLVANIA OR ELSEWHERE, TO IMMEDIATELY OR HEREAFTER APPEAR FOR THEM OR ANY OF THEM AFTER DEFAULT ANb WITH OR WITHOUT DEMAND HEREUNDER, AND CONFESS 'RJDGMENTS AGAINST ONE, ANY AND ALL OF THE $ORROWER, FOR THE UNPAID HALANCE -2- ~ OF PRINCIPAL HEREOFjAND ANY OT. COST. WITH OR WITHO~JT DECLA~T WITHOUT STAY OF EXECUTION A~iD ' FEES. THE BORROWER~ALSO AG EE BY VIRTUE OF ANY EXECUTION ASS WAIVES ALL EXEMPTIONS FOR L VY HEREAFTER MAY BE EXERCISED AS EXHAUSTED BX ONE OR :MORE ORiBY REPEATEDLX AVAILABL$ UNTIL LEN PAL AMOUNT HEREOF At~D ALL O~HE FOREGOING POWER TO CONFESS J DEEMED TO EXHAUST THE POWERt W ANY COURT TO BE VALID, AVOIDAB UNDIMINISHED AND IT MAY BE h`XE HEREOF SHALL•ELECT UNTIL SU~H PAYMENT IN FULL OF SHE DEBT' S VALIDITY OR ENFORCEABILITY ~F AFFECTED THEREBY. .t• r R S MS DUE HEREUNDER PLUS INTEREST AND N F LED, AND WITH RELEASE OF ERRORS, TH ~'EN (10$) PERCENT ADDED FOR COLLECTION TO CONDEMNATION OF ANY PROPERTY LEVIED UPON D UNDER ANY SUCH CONFESSED JUDGMENT AND ND SALE OF ANY PROPERTY THAT NOW TS OR TENjA3 LENDER REQUIRES AND SHALL NOT BE NY IMPERFECT EXERCISE THEREOF AND SHALL BE R HAS RECEIVED FULL PAYMENT OF THE PRINCI- 3UM$ DUE LENDER. NO SINGLE EXERCISE OF THE ~GMEt~T, OR A SERIES OF JUDGMENTS SHALL BE THEk~ OR NOT SUCH EXERCISE SHALL BE HELD BY I, Oft VOID, BUT THE POWER SHALL CONTINUE ISED FROM TIME TO TIME A5 OFTEN AS A HOLDER ME AS THE HOLDER SHALL HAVE RECEIVED IS P1~ID, BE INVALID OR UNENFORCEABLE THE IY O'~HER PROVISION OF THIS NOTE SHALL NOT BE WITNE WITNESS Borrower: .IRISH RESTAURANTS, LP, by its sole general partner, IRTSH NEW CUMBERLANDr LLC, ~~J' c'"""'_---~' (SEAL) TIMOTHX HOGG, MEMBER IRISH PROPERTIES, LP, by its sole general partner, IRISH tH~~~!}, LLLC ~'- ~ V (SEAL) TIMOTHY HOGG, MEMBER -3- to \nLy\hogptocoala¢ynotc 1 ~;, ~ ~dORT~A6E NOTE $, 65.000.00_ December 30, 20Q8 Date &OR VALIIE RECEIVED, the Unt3drsigned,~RISH )jESTAURANT$,, LP an TRISN PROPEij~jf $,i LP _, whose address is, ~^~ ~ F.rn~~ic nri v _y Carnb,~jj~] L pA 17011 (jointly and severally "Borrower"},:promises to pay to RICHARD ~. COAKLEY and $Q,~1 P COAKLEY husband and r~j.~e , ("Lender"), whose address is ,,~? Citadel Drive ComA Hill Ply 17D11 the principal sum of Sixty Five Thousand and 00/100(565,000.00} Dollars together with interest on the unpaid principal balance at the rate set forth below (the "Obligation") . To be repaid as follows: This obligation shall be repayable ink consecutive equal monthly installments of interest only of Four Hundred Thirty Three and 33/100(5433.33) Dollars and thereafter ~¢ consecutive monthly' installments of principal and intereat of Five Hundred Fifty Seven .and 89/100 ('5557.89} Dollara. The first scheduled monthly interest payment shall be"'~ue,y~pr}uarv ~0, 2009 • , add payments of interest and the principal and interest shall continue to be due and payable on the 30th day of each month thereafter until ggesmber 30, 2028 (the "Maturity Date") at which time the final installment of all payments shall be due and payable. The•Applicable Rate of .Interest is_~. The liability of the Borrower hereunder shall be joint and several. Interest at the interest rate provided herein shall continue to accrue and be paid and continue to be paid even after default, maturity, acceleration, recovezy of judgment,~bankruptcy or insolvency proceedings of any kind or the happening of anX event or occurrence, similar or dissimilar. All payments due under this Nate shall be made at 10 C,~tadel Drive. Camp Hill, PA 011 For so long as Borrower is.indebted to the SERA-COG Local Development Corporation or United States Small Business Administration (collectively the SBA}, this Mortgage Note may not be prepaid in whole oz in part without the express written permission of the SBR. It .is anticipated that Borrower will in due course execute $nd deliver a note and mortgage to the SBA to be i :•,:secured by the Collateral (described below). This Mortgage Note and the ~ Mortgage securing the payment of. this Mortgage Note are and always will be junior, inferior and subordinate to the above described note and mortgage in favor of the SBA. If requested by the SBA, Lender will execute whatever documents are reasonably necessary t,o further confirm the subordination of this Mortgage Note securing the payment of same to the SBA loan documents. If at any time the Borrower shall fail to pay any installment of principal or interest in full hereunder for a period of 10 days after such payment shall be due, the Borrower Promises to pay, to the extent permitted by law, a delinquency charge of 5$ to each such installment or part thereof. The term "Collateral" means the following property in which a security interest is hereby granted t;o Lender: Fourth lien position mortgage on properties known as 217 Third 3t./301-303 Bridge St., 305/307 Bridge St., and 309-311 Bridge 5t., New Cumberland, Cumberland County, Pennsylvania. L,~ ~ The occurrence o£ any ~f the fpllowing shall be a default hereunder: (a) the nonpayment 10 days fteY the date due of any amounts} payable on any of the Liabilities; (b)•failure of the Borrower to perform any agreement hereunder; (c) the filing of any petition under any bankruptcy or insolvency laws, state or f6der~1, by or against any Borrower; (d) an application for the ,appoint~nent•of a custodian, receiver, tzustee, sequestrator, liquidator, conservator, or other judicial officer similar or dissimilar, or the insolvency of the making of any assignment for the benefit of creditors by any Borrower; (e) the entry of any judgment against any Borrower; (f} the issuance of any attachment or garnishment or the attaching of any lien against any property of any Borrower; (g) the seizure, condemnation or forfeiture'of a substantial part of any Borrower's property at the instance of any govgrnment or governmental agency or instrumentality, local, state or federal; (h) the dissolution, merger, consolidation, reorganization or sale of substantially all of the assets of any'Borrower; (i) the commencement of proceedings for the dissolution, merger, consolidation, reorganization, or sale of substantially all of the assets of any Borrower; (j} the assignment by the Borrower of any interest in any, or the existence of any lien or security interest of the Collateral, other than Lender's; (k) Borrower's failure to pay any amounts due under the mortgages in the first, second or third lien positions against the Collateral. .....,. i ~ Upon the occurrence of a default: (i) all Liabilities shall, at the option of the holder of this Note, be immediately due and payable without notice or demand on any Borrower and without requiring any recourse against any person or property liable for o~ securing any of the Liabilities; (ii) Lender shall heve the immediate rigrit of setoff against the Liabilities of any indebtedness owed by Lender to each Borrower, whether or not due, and Lender shall be deemed to have exercised such right and charged each Borrower's indebtedness immediately upon the occurrence of such default :ven if Lender does not enter such charge on its books immediately; (iii) all of Lender's rights and remedies hereunder, under any other documents now or hereafter executed, or under any laws shall be cumulative and may deem appropriate. Time is of the essence. The Borrower waives presentment, demand, notice of dishonor, protest and notice of protest. The liability of the Borrower shall be uncondition- al and absolute without regard to the liability of any other party, and shall not be affected by additions to, exchanges of or substitutions for ttce Collateral nor any indulgence granted or consented to by Lender, including, without limitation, end release of any party or release of any Collateral, extension of time, renewal, waiver or other modification. Any failure of Lender to exercise the same right at any time and from time to time thereafter. The Borrower waives and releases their rights under any and all ap- praisement, stay or exemption laws, existing now or hereafter and agree that ?ennsylvania law shall govern any issue arising hereunder. The Undersigned intend this to be a sealed instrument and to be legally bound hereby. Borrowers each hereby agree to pay all costs of collection incurred by Lender, including without limitation, attorney's fees. THE $ORRRWER DOES HEREBY IRREVOCABLY AUTHORIZE AND EMPOWEij THE PROTHONOTARY OR CLERK OR ANY ATR`ORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA OR EL8EWHERE, TO IT~MEDIATELY OR HEREAFTER APPEAR FOR THEM OR ANY OF THEM AFTER DEFAULT AND WITH OR WITHOUT DEMAND HEREUNDER, AND CONFESS JUDGMENTS AGAINST ONE, ANY AND ALL OE' THE BORROWER, FOR THE UNPAID BALANCE -2- . j ; ~. OF PRINCIPAL HEREOF~RND RNYiII OT1~ER SbMS DUE HEREUNDER PLUS INTEREST AND COST, WITH OR WITHOUT DECLARATION F,~LED, AND WITH RELEASE OF ERRORS, WITHOUT STAY OF EXECUTION ~D V~ITH TEN.(10$) PERCENT ADDED FOR COLLECTION FEES. THE BORROWER ALSO AGREES TO CONDEMNATION OF ANY PROPERTY LEVIED UPON BY VIRTUE OF ANY EXECUTION ~SSUED UNDER ANY SUCH CONFESSED JUDGMENT AND WAIVES ALL EXEMPTIONS FOR LEVY AND SALE OF ANY PROPERTY THAT NOW I5 OR HEREAFTER MAY BE EXERCISED ~S OFTEN, AS LENDER REQUIRES AND SHALL NOT BE EXHAUSTED BY ONE OR'MORE OR. BY ~•1NY IMPERFECT EXERCISE THEREOF AND SHALL BE REPERTEDLX AVAILABLE UNTIL ~END~ER HAS RECEIVED FULL PAYMENT OF THE PRINCI- PAL AMOUNT HEREOF AND ALL 0 HER•SUM$ DUE LENDER. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS ~ JUDGMENT, OR A SERIES OF JUDGMENTS SHALL BE DEEMED TO EXHAUST THE POWERS WHETHER OR NOT SUCH EXERCISE SHALL BE HELD BX ANY COURT TO BE VALID, AVOIDABLE, OR VOID, HUT THE POWER SHALL CONTINUE UNDIMIN'i5HED AND IT MAY $E EXERCISED FROM TIME TO TIME AS OFTEN AS A HOLDER HEREOF SHALL ELECT UNTIL SUCH TIME A5 THE HOLDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, SUMS PAID, BE INVALID OR UNENFORCEABLE THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION OF THIS NOTE SHAT.L NOT BE AFFECTED THEREBY. Borrower: "~' IRISH RESTAURANTS, LP, by its sole general partner, IRISH NEW CUMBERLAND, LLC, ~r Jam. _ ~^ ~~ (SEAL) WITNESS ~ TIMOTHY HOGG, MEMBER IRISH PROPERTIES, LP, by its sole general partner, IRISH N~ ~R. Riffs, LLC `../" (SERE) WIT SS TIMOTHX NOGG, MEMBER ~" -3- ro \ncq\"opgc ocw Y.1 ~xynonoddsf Won ~' ADAIs'NAL7mi TO ~40RT13A8~ NOTE3 December 30. 2008 Date Borrower shall make monthly payments of interest only in the amount of Seven Hundred Sixty Six and 67/100 ($766.67). The first scheduled monthly payment shall be due Januar~30, 2009 , and continue to be due and payable on the ~Q~h day of each month thereafter until p~cember 30, ~_, (the "Maturity Date"} at which time the unpaid balance shall final installment hall be due and payable. Notwithstanding anything to the contrary set forth in the Mortgage Note bearing even date, the term of the Mortgage Note being incorporated by reference herein as though fully set forth at length, Borrower shall receive a One Hundred Fifty Thousand .and 00/100 (5150,000.00} Dollar credit from Lender against the amount due hereunder if Borrower pays the total balance due on or prior to December 30, 2010. Except as modified herein, sorrower affirm the terms and conditions of the Mortgage Note of even date, including the confession of judgment_Clause therein'set forth. .y ~ f WITNESS ~~ WIT ~.~ Borrower: IRISH RESTAURANTS, LP, by its sole general partner, IRISH NEW CUMBERLAND, LLC, _~ (SEAL) TIMOTHY NOGG, MEMBER IRISH PROPERTIES, LP, by its sole general partner, IRISH LLC ~4 ~. e ~, ~- (SEAL) TIMOTHY NOGG, MEMBER co~rsrrrr Richard L. Coakley and Susan P. Coakley agree and consent to the terms of this addendum. WITNES ~r ~aITNES {SEAL) R CHARD COAKLEY fix/ / . EAI. ) USAN P. COAKLEY EXHIBIT B re\mtg\hoggtocoakleyyuaranty THIS t3UARANTX ("Guaranty") is executed and delivered this 30th day of ~~rg~@r. 2008 , by TIMOTHY J. NOGG and JAVA M. NOGG hl~band and wife whose mailing address is 322 Equus Drive, Camg Hill, •PA 17011 , ( "Guarantor") , in favor of ~2.ICHARD L. COAKL~Y 1~ND SUSAN P. COAKLEY, hus,§and and wife whose mailing address is l0 Citadel Drive. Camv Hill PA 1'011 ("Lender"), to secure certain obligations of__IRISH RESTAURANTS. LP and IRISH RESTAURANj~'S, LP , Pennsylvania limited partnerships, (hereinafter jointly and severally "Borrower"). $ACKGROUND• A. Lender made a loan in the principal amount of $265.000.00 (the "Loan") to Borrower on this date. In connection with the Loan, Borrower executed and delivered to Lender. one Note in the original principal amount of $ 265.OOO.QO (the !'Nate"). The Note and all documents required thereby and all other collateral documents are referred to collectively as the "Loan Documents" or individually as a "Loan Document". The principal balance of the Note, together with all interest thereon, late charges, collection costs (including but not limited to attorneys' fees) and all other sums payable thereunder or under the other Loan Documents or any of them is hereinafter collec- tively referred to as the 'Aggregate Debt". B. In order to induce Lender to make the Loan, Guarantor has agreed to execute and to deliver this Guaranty to Lender. NOW, THEREFaRE, in consideration of the premises recited above, and intending to be legally bound hereby, Guarantor and, if there is more than one, each Guarantor, jointly and severally, hereby agrees as follows: • -1- 1. Obligations. The following guarantees and obligations {together,-the «Obligations'~) are undertaken by Guarantor: 1.1 Guarantor hereby unconditionally and jointly and severally guarantees and becomes surety to Lender for (a) the full and prompt payment of the Aggregate Debt and (b) the full and timely performance of all obligations under the Loan Documents or any of them. The obligations of Guarantor constitute a guarantee of payment and not merely of collection, are absolute and unconditional under all circumstances and shall not in any event be discharged, impaired, or otherwise affected except by payment to Lender, Guarantor agrees that it will, within ten (10) days of written notice from Lender that a payment default has occurred under the Note or under any other Loan Document, pay directly to Lender the full amount of payment default specified in such notice. If such amount is not so paid within such ten (10) day period, then Guarantor shall be in default hereunder and in that event Lender at its option may declare the Aggregate Debt immediately due and payable hereunder. The proceeds of any amounts paid pursuant to this Guaranty will be applied first to the payment of accrued interest, if any, on the Note, then to any other sums payable in connection with the Note or secured by the Loan Documents, and the balance of the proceeds will be applied to reduce the then outstanding principal amount of the Note, whether then matured or not, in the inverse order of its maturity. 1.2 If .a default other than a payment default occurs with respect to any matter herein guaranteed, the, within thirty {30) days after written notice from Lender specifying such default, Guarantor shall cure such default. If such default is not cured by Guarantor within such thirty {30) day period, then Guarantor shall be in default hereunder and in that event Lender at its option may declare the Aggregate Debt immediately due and payable hereunder. 1.3 Lender shall have the right to require Guarantor to pay, comply with and satisfy its obligations and liabilities under this Guaranty and shall. have the right to proceed immediately against Guarantor with respect thereto, without being required to bring any proceeding or take any action of any kind against Borrower. -2- 1.4 Guarantor's liability hereunder shall not exceed the amount of the Aggregate Debt. 2. .Cancellation. This Guaranty and all obligations and liabili- ties of Guarantor hereunder will be cancelled when the Aggregate Debt has been paid in fu11f prov~.ded, owe that this Guaranty shall remain in full force and effect for so Lang as such payment may be voided in bankruptcy proceedings as a preference or.for any other reason. 3. Cots ~n~ Fees. Guarantor hereby agrees that if it does not satisfy its obligations under this Guaranty in accordance with the terms hereof, the same shall be considered an event of default hereun- der as to such defaulting Guarantor and Lender shall have the right, in addition to the other rights described in this Guaranty, to collect from such defaulting Guarantor all costs, fees and expenses {including attorneys' fees} incurred by Lender in connection with the enforcement of this Guaranty against such Guarantor, as well as interest on the unpaid liability hereunder at the highest rate of interest provided for in the Note, from and after the date of such Guarantor's default through the date of such payment. . 4 . Bar}~~ptcy of Borrower or Qt,~ier Guarantors . The obligations of Guarantor .under this Guaranty shall not be discharged, impaired or otherwise affected by the insolvency, bankruptcy, liquidation, read- justment, composition, dissolution or other similar proceeding involy- ing or affecting Borrower or any other Guarantor, person or entity, proceedings affecting the ownership of any of the above through merger, consolidation or otherwise, inconsistent orders in or claims by parties to any such proceedings or any other release of obligations by operation of law. S. Agreemen~,~ aid Waiverg. Guarantor jointly and severally hereby: 5.1 Agrees that its obligations hereunder shall not be released or otherwise affected by (and hereby waives notice of) any agreement, amendment, release, suspension, compromise, forbearance, indulgence, waiver, extension,'renewal, supplement or modification of -3- any of the Loan Documents, or any other obligations of Borrower to Lender. S.2 Consents that Lender may, without affecting the liabil- ity of Guarantor under this Guaranty, (i) exchange, release or surren- der any property pledged by or on behalf of Borrower or any other surety or guarantor of any liabilities of Borrower to Lender, (ii) renew or change, with the consent of Borrower, the terms of any of Borrower's liabilities to Lender, or (iii) waive any of Lender's rights or remedies against Borrower or any other surety or guarantor of any obligations of Borrower. 5.3 Agrees that its liability under this Guaranty shall not ,~, be reduced or affected either by any payment made by or an behalf of ` any other Guarantor under this Guaranty or by failure of any such party to make payment. 5.4 Agrees that any failure or delay by Lender to exercise any right under this Guaranty or under any other guaranty or with respect to any of the Loan Documents or otherwise with respect to the Aggregate Debt shall not be construed as a waiver of the right to exercise the same or any other right hereunder at any time and from time to time thereafter. 5.5 Consents that its obligations under this Guaranty shall not be affected by any of Borrower's liabilities to Lender in excess of the amounts guaranteed hereunder, to the extent such liabilities result form any extension or modification of the Note or any other Loan Documents; but that any payment received by Lender from Borrower may first be credited against any such excess liability. S.G Agrees that Lender shall not, under any circumstances, be required to exhaust remedies or proceed against Borrower, other guarantors, sureties, parties, or any other security for the Aggregate Debt before proceeding under this Guaranty against any of the under- signed. 5.7 Agrees that the obligations undertaken in this Guaranty shall not be affected by any provision in the Loan Documents limiting Lender's rights against Borrower to the collateral or security de- -4- scribed in the Loan Documents, or limiting Lender's rights to a deficiency judgment against Borrower. 5.8 Agrees that to the extent it controls Borrower, it will neither take or cause to be taken any action, or permit any inaction, which will violate or cause a default under any of the Laan Documents. 5.9 Agrees that notice or demand hereunder by Lender shall be by hand delivery or registered or certified mail, postage prepaid, addressed to a party at its address set forth on the first page hereof, and shall be deemed given when hand delivered, or if mailed, upon deposit of such notice in the iJnited States mail. Any Guarantor may, from time to time, by notice to Lender as provided for in the ~,~. Loan Documents, designate a different address to which notice to him ~' hereunder shall be sent. 5.10 Waives the right to marshalling of Borrower's assets or any stay of execution and the benefit of all exemption laws, to the extent permitted by law, and other protection granted by law to guarantors or sureties, now or hereafter in effect with respect to any action or proceeding brought by Lender against it. 5.11 Agrees that no single exercise of the power to bring any action or institute any proceeding shall be deemed to exhaust such power, but such power shall continue undiminished and may be exercised from time to time as often as Lender may elect until all of Guarantor's liabilities and obligations hereunder have been satisfied. 5.12 Agrees that its liability under this Guaranty shall in no way be released ar otherwise affected by the commencement, exis~ tence or completion of any proceeding against Borrower, one or more of the other Guarantors or any other person or entity ar otherwise with respect to the collection of the Aggregate Debt; and Lender shall be under no obligation to take any action and shall not be liable for any action taken or any failure to take action or any delay in taking action against any of the Guarantors, Borrower or any other person or entity ar otherwise with respect to the Aggregate Debt. 5.13 Waives any notice of (i) Lender's intention to act in reliance on this Guaranty, (ii) any presentment, demand, protest or -5- notice of dishonor, nonpayment or other default with respect to the Aggregate Debt except as expressly provided in paragraphs 1.1 and 1.2 hereof, and (iii) the commencement or prosecution of any enforcement proceeding against Borrower or any of the other Guarantors or any other person or entity with respect to the Aggregate Debt or other- wise. 5.14 Represents and acknowledges that the Aggregate Debt is and will be of direct benefit, interest and advantage to it. 5.15 Irrevocably waives all claims of waiver, release, surrender, alteration or compromise and all defenses, set-offs, counterclaims, recoupments, reductions, limitations or impairments. 5.16 Agrees to grovide to Lender upon its request therefor such financial information and tax return information as Lender may request frvm time to time. 5.17 Irrevocably waives the right to trial by jury. 6. confess Qn of Judgment. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES ANY ATTORNEY OR ANY COURT OF RECORD TO APPEAR FOR AND CONFESS JUDGMENT AGAINST GUARANTOR AFTER DEFAULT HEREUNDER FOR THE AMOUNT FOR WHICH IT MAY BE LIABLE TO LENDER (OR ANY ASSIGNEE OR HOLDER OF THE NOTE OR THE OTHER LOAN DOCUMENTS) UNDER THIS GUARANTY, AS EVIDENCED $Y AN AFFIDAVIT SIGNED BY AN AUTHORIZED OFFICER OR AGENT FOR LENDER, ITS SUCCESSOR OR ASSIGNEE, SETTING FORTH THE AMOUNT THEN DUE, PLUS REASONABLE ATTORNEYS' FEES, WITH COSTS OF SUIT, AND RELEASE OF ERRORS. IF A COPY HEREOF, VERIFIED BY AN AFFIDAVIT SHALL HAVE BEEN FILED IN ANY SUCH PROCEEDING, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL AS A WARRANT OF ATTORNEY. NO SINGLE EXERCISE OF THE FOREGO- ING WARRANT AND POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE OR VOID BUT THE POWER SHALL CONTINUE UNDIMIN- ISHED AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER, ITS SUCCESSORS OR ASSIGNS, SHALL ELECT, UNTIL ALL SUMS PAYABLE HEREUNDER HAVE BEEN PAID IN FULL AND ALL OBLIGATIONS OF ALL SURETIES HAVE BEEN COMPLIED WITH AND PERFORMED. -6- 7. subrogation. Before payment and performance in full of the obligations of Borrower and Guarantor under the Note or any other Loan Document, Guarantor shall not have any right and shall not assert any right to be subrogated to any right of the holder of the Note. No subrogation of Guarantor shall require the holder of the Note to proceed against any parson or entity or to resort to any security or to take any other action of any kind as a result of subrogation. 8, y~'µrisdic~ion; Serv ce off' Process.. Guarantor hereby consents to the jurisdiction of the Courts of Common Pleas of Cumberland County and/or the United States District Court for the Middle District of Pennsylvania and/or such other county or district in which Guarantor .resides or Borrower txansact business in any and all actions or proceed~.ngs arising hereunder or pursuant hereto, and irrevocable agrees toyservice of process by certified mail, return receipt re- quested, to its address set forth herein or such other address as each Guarantor may dixeet by notice to Lender. 9. Miscellaneous. The invalidity or urienforceability of any one or mare provisions of this Guaranty shall not affect any other provi- sion, and in the event that any agreement or obligation contained in this Guaranty is held to be in violation of law, such agreement or obligation shall be deemed to be the agreement or obligation of Guarantor to the fullest extent permitted by law. This Guaranty will be governed by Pennsylvania law and may be amended only by a written instrument executed by Guarantor and Lender. The obligations of each Guarantor, if there is more than one Guarantor, under this Guaranty will be joint and several. The provisions of this Guaranty will bind and inure to the benefit of the heirs, executors, administrators, legal representatives, successors and assigns of each Guarantor-and Lender. Capitalized terms not defined herein shall have the meanings given to them in the Mortgage. Whenever the context requires, all terms used in the singular will be construed in the plural. and vice versa, and each gender will include each other gender. IN WITNE98 T~Tii$REOF, the Guarantors have executed and delivered this Guaranty as of the date first written above, intending to be legally bound hereby. _~_ w trees Witneg TIMOTHY J . HOGG ( SEAL, ) ~~~_ m , ~ . JAN M. NOGG (SEAL) -6- CONIlKONWEAcL-TH OF ~PE\NNSYLVANTA; COUNTY OF On this the ~~ day o~~s~~,~-- 2 0 0 8 , before me, the undersigned officer, personally appeared '"C~~ ~~~~~ +~a ~~~,~ ~ly.. r~ who acknowledged themselves to be the persons who executed the foregoing Guaranty for the purposes therein ,...~ IN WITNESS WHEREOF, I hereunto set my hand and official seal - . Notary Public COMMONWEACM Of pENNSriVANtA NOTARIAL SEAL CAFiOt L TROXEt1., Notary Pubilc My Caum~mi ~n F~p~es Dece27 2009 -9- EXHIBIT C ~~' r TUCKERIAIZENSBERG Stephen M. Greecher, Jr. Attorneys sgreecher@tuckerlaw.com VIA FIRST-CLASS MAIL and CERTIFIED MAIL N0. 7002 2410 0001 2367 1211 RETURN RECEIPT REQUESTED December 23, 2011 Mr. Timothy Hogg Ms. Jana Hogg 323 Equus Drive Camp Hill, PA 17011 Re: Richard and Susan Coakley Dear Mr. and Mrs. Hogg: f have been asked to represent the Coakieys with respect to the money that is owed to them by Irish Restaurants, LP and Irish Properties, LP for the purchase of Coakleys' restaurant. Two Notes that total $265,000, executed by Irish Restaurants, LP and Irish Properties, LP payable to the Coakleys are outstanding. The two of you individually have guaranteed the Notes. On several occasions the monthly payments have been made fate and outside the grace period. Also on more than one occasion, payment was made with checks for which there were insufficient funds. The payments due November 30, 2011 have yet to be made. Under the terms of the Notes, the Coakieys may accelerate the payment of the amount due such that the total principal due and any unpaid interest becomes immediately due. As Guarantors, you both would be individually responsible for the accelerated amount due. As you recall, a $150,000 credit would have been applied to reduce the amount owed the Coakleys if the Notes had been paid off on or before December 30, 2010. At this point, the Coakleys are willing to accept an amount less than the total amount due on the Notes if you make payment in full on'or before March 1, 2012. The Coakleys will accept a lump sum payment of $200,000 plus any interest due on the Notes, as payment in ful( of the Notes if payment is made on or before March 1, 2012. The Coakleys' offer remains open until January 15, 2011. If you do not accept this offer, the Coakleys wili exercise their rights under the Notes and the Guaranty, including acceleration of the amounts due under the Notes. Tucker Arensberg, PC. 2 Lemoyne Drive Suite 200 Lemoyne, PA 17043 p. 717.234.4?27 f. 717.232.6f302 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 TUCKER i .ARENSBERG Attorneys Mr. Timothy Hoggs Mrs. Jana Hogg Page 2 December 23, 2011 If you do accept the offer and you do not make the requested payment by March 1, 2012, the Coakleys will exercise their rights under the Notes, accelerate the amount due under the Notes and they will proceed with collection of the amount due to them, including their right to take action under the Guaranty. This letter shalt also serve as notice to you pursuant to the Guaranty of a payment default with respect to the payment due November 30, 2011. As Guarantors, payment is due from you within 10 days of the date of the letter in the amount of $2,274.20 plus 5% for a total of $2, 387.91. I look forward to hearing from you or your counsel regarding this proposal. 1 hope that you take advantage of the opportunity the Coakleys are giving you to reduce the amount that is owed to them by you. Sincerely. SMGjr:pjg cc: Mr. and Mrs. Richard Coakley H BGD $:123975-1 999999-999999 r ~- .».._. _...._~,.~--.-. _._... -.a_..__.... ..,. _ .____- -__~.~ ~. _ • • I ~ ^ Complete items 1, 2, and 3. Also complete A. signature item 4 If Restricted Delivery is desired. P X ~ ~ " ^ Aeent ^ rint your name and address on the reverse ' ^ Addressee sa that we can return the card to you. ~ ^ Attach this card to the back of the mailpiece, B. Rec ed by (Printed Name) C. p / livery or on the fronYif space permits. /T •'S 1. Article Addressed to: D. is delivery address dittererrt tmm Rem 1 ^ Y s h YES, enter delivery address below: ^ No .Timothy Fogg Jana Hogg ~ '323~~,quusDrive C ~p ~ H i 11 A 17 01 1 f a ~n : , P .*. sr ~: 3. Service Type %'#'?~ %.Q Certified Mall O Express Mall ,'~~` ^ Registered O Return Receipt for Merchandise Z' ' +~i~D02 2410 ~Q01 2367 1211 j n"1~li'~P1R~etir~. '_. 1 PS Form 3811, D eturn Receipt ~ozese-o2-M-zs~o n VERIFICATION The undersigned, Richard L. Coakley and Susan P. Coakley, hereby verify the statements of fact contained in the attached Complaint in Confession of Judgment to be true and correct according to their personal knowledge, information and belief, and further pledge that this verification is made subject to the penalties of 78 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: ~^ ~'/'' ~ L- Dated: ~~ ~ ~~ ~~ By: ichard ' Oakley B ~ ~ ~ -x/ ~ ~~~L~.'.~. Y~ Susan P.. Coakley <~ RICHARD L. COAKLEY and, IN THE COURT OF COMMON PLEAS SUSAN P. COAKLEY, OF YORK COUNTY, PENNSYLVANIA Plaintiffs, _ _ _ _ _ - - - - - - - aeriuaN tE. 20'2 3:U3 PM V. CIVII ACtIOn No. mufeeav, 2.012-NO-000708-30 TIMOTHY J. NOGG and JANA M. HOGG, ,~ _ _ . - _ . _ _ _ _ _ _ _ -- - Civil Action -Law and Equity Defendants. AFFIDAVIT The undersigned hereby certifies that the judgment to be entered in this action is not being entered against a natural person in connection with a consumer credit transaction. To the contrary, the underlying transaction is a commercial tra n. co~oNwca.TM aF aarNmva~aN Noans~ sea+ asvvn T. HeYmm, Notary Pudk i..anor,e eoro, amna~a ca,nty My CCRpnlsslOn E~hes 5e~t. 4, 2013 n~MeER, verN+snvaiu~ ~ssoctnnon of rKTtAltleS Sworn and subscribed Beforre me this ~~day of ~o. , 2012 ~p-+~1T . Notary Public My commission expires: ol-o ( 3 Stephen M' Greecher, Jr. Attorney for the Coakleys fV ~ r`.S t'~ '"t'1 -< ~~, c ~, _. ~'.,. a, ~ t . -r~ - N C11 ja (V ~7 RICHARD L. COAKLEY and, IN THE COURT OF COMMON PLEAS SUSAN P. COAKLEY, OF YORK COUNTY, PENNSYLVANIA Plaintiffs, Thursday, February 16, '012 3:03 ~'M ~ v Civil Action No.. ~ 2012-NO-000708-30 TIMOTHY J. NOGG and ; ,, JANA M. NOGG, ~ ~ ---~ -~- Civil Action -Law and Equity Defendants. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) I, Stephen M. Greecher, Jr., being duly sworn according to law, hereby depose and say that the Defendants are not members of the military service of the United States of America to the best of my knowledge, information and belief. ooMMOr~vvEa.Tri of ~nnsnvaau tratana- seal Dawn T. Heilman, Notary Publk temoyrK 80% Cumberland County My Commb~IOn 4, 2013 ME11aER ~ENNSYlVNOA OM Of NtiES Sworn and subscrib d Before . e this day of , 2012 Notary Public My commission expires: U13 `= N ~~ -,-, ~ - -< -~ c'A ~~ ~ ~. -~ ~, ,;.. ~ , - c- -o T~;-~ ~~ r~ - r,, ~~ cv RICHARD L. COAKLEY and, IN THE COURT OF COMMON PLEAS SUSAN P. COAKLEY, OF YORK COUNTY, PENNSYLVANIA Plaintiffs, - - ~ - - - -- - V. CIVII ACtlon No. ~ Thursday, February 16, 2052 3'03 PM ' ~ 2012-NO-000708-30 TIMOTHY J. NOGG and ~ ~ DANA M. NOGG, ~~.__._ _. _ - _ _ __ _ _ _ Civil Action -Law and Equity Defendants. CERTIFICATE OF RESIDENCE I hereby certify that the precise address of the Plaintiffs is: 10 Citadel Drive Camp Hill, PA 17011 That the last known address of the Defendants, Timothy J. Hogg and Jana M- Hogg, is: 322 Equus Drive Camp Hill, PA 17011 By: N !_ Q i~; N -.rt-, ~ C~ - ~J -_ ~l ^ C_ ~ ~,; ~ ~- _ __. f\T U'1 fu `_~ Attorney for Richard L. Coakley ar~d Susan P. Coakley ACT 105 OF 2000 NOTICE _ r~t2 :SDg FM. Th UtstlaY. FCb~Uay 1U. ~~ 2012-NQ-000708-30 A JUDGMENT HAS BEEN ENTERED AGAINST YOU BY CONFESSION OF JUDGMENT. PURSUANT TO 42 PA. C.S.A. §2737.1, IF YOU WERE INCORRECTLY IDENTIFIED AS A DEFENDANT IN THE COMPLAINT IN CONFESSION OF JUDGMENT, YOU MAY BE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. YOU MAY TAKE ACTION TO STRIKE THE JUDGMENT BY FOLLOWING THE PROCEDURE IN RULE 2959 WHICH IS AS FOLLOWS: PENNSYLVANIA RULE OF CIVIL PROCEDURE X454 _ cTQ~-~~~~~ r,~~ ~, ,~~..~..~ (a) (1) Relief From a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. {c) A party waives all defenses and objections which are not included in the petitior~r answer. ~~~ --, o ~-- ;;, , ..~ ~- s <<.. ~ - ;~, . w ^;. --- ~-~ (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440 (see text of Rule 440 reprinted below). (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment is pending. Rule 440. Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made (i) by handing or mailing a copy to or leaving a copy for each party at the address of the party's attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or Note: Such other address as a party may agree might include a mailbox in the Prothonotary's office or an a-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g). (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d). (2) (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d). (ii) If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. Note: This rule applies to the service upon a party of ali legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto. Original process is served under Rule 400 et seq. (b) Service by mail of legal papers other than original process is complete upon mailing. ,_..r (c) If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person. RICHARD L. COAKLEY and, IN THE COURT OF COMMON PLEAS SUSAN P. COAKLEY, OF YORK COUNTY, PENNSYLVANIA Plaintiffs, : ~ Thursday, February r6, ?012 2'55 PM v• Civil Action No. ~, 2012-NO-000708-30 TIMOTHY J. HOGG and ~ _. __ _ _ _ - - - ---- JANA M. NOGG, ; Civil Action -Law and Equity Defendants. TO: Jana M. Hogg, Defendant 322 Equus Drive Camp Hill, PA 17011 NOTICE OF ENTRY OF JUDGMENT You are hereby notified that o ~ , 2012, judgment by confession was entered against you in the sum of $ 68,264.59, plus costs and ongoing interest, in the above-captioned case. Date: 4 ~ ) ~~-~--/ Prothonotary, York County _~ -' N ~1 ~~ K `..,.; -., ~ ~~ ~~ (' O1 ~ i -D - (`J CJl -- -,1 - RICHARD L. COAKLEY and, SUSAN P. COAKLEY, v. Plaintiffs, TIMOTHY J. HOGG and DANA M. NOGG, Defendants. TO: Timothy J. Hogg, Defendant 322 Equus Drive Carnp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA ' ~ 1 hurway, February !f,, 2012 3.03 aM ~\ Civil Action No. 2012-NO-000708-3p Civil Action -Law and Equity NOTICE OF ENTRY OF JUDGMENT ______ You are hereby notified that on _, 2012, judgment by confession was entered against you in the sum of $ 8,264.59, plus ongoing interest, attorneys' fees and costs of suit, in the above-captioned case. Date: ~ ~ ~ ~~ ~~-- Prothonotary, York County _ _~ N f - ^7-~ O~• p .r ~~ ~ ~~- ~ -, h, .. --- -- N C~ CT ~~ RICHARD L. COAKLEY and SUSAN P. COAKLEY, v. TIMOTHY J. HOGG and JANA M. NOGG, TO: Timothy J. Hogg 322 Equus Drive Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA CIVIL ACTION -LAW Defendants. NOTICE OF JUDGMENT You are hereby notified that a judgment has been entered against you in the above-captioned matter on / ~T~! 3 , in the amount of $268,264.59, plus ongoing interest, attorney's fees and costs of suit. DATE:_~ Prothonotary RICHARD L. COAKLEY and SUSAN P. COAKLEY, v. TIMOTHY J. NOGG and JANA M. NOGG, TO: Jana M. Hogg 322 Equus Drive Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA Defendants ~J~ NOTICE OF JUDGMENT You are hereby notified that a judgment has been entered against you in the above-captioned matter on ~~~~~ , in the amount of $268,264.59, plus ongoing interest, attorney's fees and costs of suit. CIVIL ACTION -LAW DATE: /~2~/ ? - Prothonotary RICHARD L. COAKLEY and IN THE COURT OF COMMON PLEAS OF SUSAN P. COAKLEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, CIVIL ACTION - LAW V. TIMOTHY J. HOGG and NO. 13-100 CIVIL TERM -- JANA M. HOGG,°-' 5202 tQuu-s Drive c-) ry,P ,I PA 17D / W,ry Defendants. "" CD` -� -�<7, PRAECIPE FOR WRIT OF EXECUTION UPON A � `-'� CONFESSED JUDGMENT ' > TO THE PROTHONOTARY: Please issue a Writ of Execution upon a judgment entered by confession in the above matter, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Timothy J. Hogg, Defendant; (3) against Jana M. Hogg, Defendant; (4) against Integrity Bank, as Garnishee;— 3345 ( ` , 1p R4 LI • PA (5) against PNC Bank, N.A., as Garnishee; and— 105 Noble &Vd ,(&rtiSle PA i76)5 (6) against Marysville Bank, as Garnishee -A00 Good lope 'Rd, EnolOL, PA 170x5 (6) and enter this writ in the judgment index (a) against Timothy J. Hogg, Defendant; (b) against Jana M. Hogg, Defendant; (c) against Integrity Bank, as Garnishee; (d) against PNC Bank, N.A., as Garnishee; and (e) against Marysville Bank, as Garnishee (7) Amount Due under Judgment $268,264.59 Statutory interest from February 16, 2012 through January 25, 2013 $ 15,126.30 Payment received January 25, 2013 - $ 40,000.00 Ongoing statutory interest from January 26, 2013 through December 11, 2013 $ 12,006.40 Attorney's fees as of July 8, 2013 $ 23,498.00 (Costs to be added) $ Total $278,895.29 (plus costs, ongoing interest and attorney's fees) Certification I certify that: (a) This Praecipe is based upon a judgment entered by confession, and (f) Notice is not required under Rule 2956.1(c) because a petition to open or strike the judgment was previously filed. TUCKER ARENSBE P.C. By: tephen M. Greecher, Jr. PA ID. No. 36803 Christopher E. Fisher PA ID. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 Date: December 11, 2013 Attorneys for Plaintiffs, Richard L. Coakley and $ Susan P. Coakley IAIV 4 a Pb arry 1aa.a5 CBF 33.50 " 4. 5 O pt) RTTY _ 50 u.. C#1715 P2#agg3g7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-100 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RICHARD L.COAKLEY and SUSAN P.COAKLEY, Plaintiff(s) From TIMOTHY J.HOGG and JANA M.HOGG,322 Equus Drive,Camp Hill,PA 17011 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: INTEGRITY BANK,3345 Market Street,Camp Hill,PA 17011 PNC BANK,N.A., 105 Noble Blvd,Carlisle,PA 17013 MARYSVILLE BANK,2040 Good Hope Road,Enola PA 17025 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; (3) 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$228,264.59 Plaintiff Paid$ Interest from 2/16/12 through 1/25/13 -- $15,126.30 Ongoing statutory interest from 1/26/13'through 12/11/13 -- $12,006.40 Attorney's Comm. as of 7/8/13--$23,498.00 Law Library$.50 Attorney Paid$194.25 Due Prothonotary$2.25 Other Costs$ Da 6:" 12/12/13 David D. Buell,Prothonotary Deputy REQUESTINt PARTY: Name : STEPHEN M. GREECHER,JR. Address: TUCKER ARENSBERG PC 2 LEMOYNE DRIVE,SUITE 200 LEMOYNE,PA 17043 Attorney for:PLAINTIFF Telephone: 717-234-4121 Supreme Court ID No.36803 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��., 0,1 Jody S Smith Chief Deputy Richard W Stewart '1`' ` I 01 < • �-,:;; Solicitor : aitc1BERLAND PENNSYLVANIA Richard L. Coakley (et al.) Case Number vs. Timothy J. Hogg (et al.) 2013-100 SHERIFF'S RETURN OF SERVICE 12/13/2013 03:27 PM - Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Integrity Bank, 3345 Market Street, Camp Hill, Cumberland County, by handing to Brooke White, Customer Service Representative, personally three copies of writ of execution; three copies of writ of execution notice; three copies of interrogatories; and three copies of request for production of documents and things addressed to garnishee and made the contents there of known to her. C�a - DAWN KELL, DEPUTY SO ANSWERS, 401#1 December 16, 2013 RONNfY R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 3 CI : 17 AN 9: r Richard W Stewart Solicitor = UHBE 'Lr l�,ill" PENNSYLVANIA IA,e Richard L. Coakley (et al.) Case Number vs. 2013-100 Timothy J. Hogg (et al.) SHERIFF'S RETURN OF SERVICE 12/13/2013 03:11 PM - Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Marysville Bank, 2040 Good Hope Road, Hampden Township, Enola, PA 17025, Cumberland County, by handing to Linda Lombard, Head Teller, personally three copies of writ of execution; three copies of writ of execution notice; three copies of interrogatories; and three copies of request for production of documents and things addressed to garnishee and made the contents there of known to her. (1.1..:.1x') DAWN KELL, DEPUTY SO ANSWERS, December 16, 2013 RONNW R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��txtr of t':zrar ,t,0 i Jody S Smith ;,- Chief Deputy ;. u T . ( .. Richard W Stewart ?j DEC 1 7 MI 9 59 Solicitor ,t t, 'h=:.-E1,' CUMBERLAND COL IN e PENNSYLVANIA Richard L. Coakley (et al.) Case Number vs. Timothy J. Hogg (et al.) 2013-100 SHERIFF'S RETURN OF SERVICE 12/16/2013 Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, by handing to Anita Meredity, Financial Consultant, personally three copies of writ of execution; three copies of writ of execution notice; three copies of interrogatories; and three copies of request for production of documents and things addressed to garnishee and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 16, 2013 to Timothy Hogg at 322 Equus Drive, Camp Hill, PA 17011 and to Jana Hogg at 322 Equus Drive, Camp Hill, PA 17011. SO ANSWERS, December 16, 2013 RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. COAKLEY and Ga ' SUSAN P. COAKLEY, Plaintiffs, CIVIL ACTION - LAW VS 'Tom ' , TIMOTHY J. HOGG and JANA M. HOGG, Defendants, NO. 13-100 CIVIL TERI;n :3: Vic; ':: 141 and INTEGRITY BANK, PNC BANK, N,A , and MARYSVILLE BANK Garnishees ANSWERS TO INTERROGATORIES IN ATTACHMENT BY RIVERVIEW BANK SUCCESSOR TO FIRST NATIONAL BANK OF MARYSVILLE, a/k/a MARYSVILLE BANK 1. a. At the time you were served or at any subsequent time, did you owe the Defendants any money or were you liable to Defendants on any negotiable or other written instrument, or did Defendants claim that you owed any money or were liable to Defendants for any reason? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). N/A 2. a. At the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody, or control of yourself or one or more other persons property of any nature owned solely or in part by the Defendants? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N/A 3. a. At the time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the Defendants or in which Defendants held or claimed any interest? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N/A 4. a. At the time you were served or at any subsequent time hold as a fiduciary property in which the Defendants had an Interest? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N/A. __ _.. .,;t,L',,,, i . ."Tnvf�...e,�'�-.:;;�^wm,.,.xi.rr.. .s°r.'su.:w .s. - _ � , - ...r•.r-,,,..�,..�..�.,. 4..'Yams,*c'�.. _. '."a iiry*�,.::a:,. x'z,.....Harr .. 5. a. At any time before or after you were served, did the Defendants transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N/A 6. a. At any time before or after you were served, did you pay, transfer, or deliver any money or property of any nature to the Defendants? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). NIA 7. a. At any time before or after you were served, did you pay, transfer, or deliver any money or property of any nature, to any person, entity, or place pursuant to the direction of, or undertaking for, the Defendants, e.g„ lease payments, loan payments, etc.? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N/A. 8. a. At any time before or after you were served, did you have, share, or utilize any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendants? ANSWER: NO b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N/A. 9. a. Identify every account (not previously noted)titled in the name of Defendants or in which you believe Defendants have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, _ tax'account;.lotte-ry a'ccount,-partnership account,joint or tenants by entirety =F account, insurance account, trust or escrow account, attorney's account, or otherwise. ANSWER: NO ACCOUNTS WITH RIVERVIEW BANK b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). N/A 10. a. At any time before or after you were served, did you have any other contractual relationships with or other obligations to Defendants, and if so, detail every position and condition, and report the performance of the same. ANSWER: Defendants are indebted to RIVERVIEW BANK by a commercial note dated May 17, 2010, in the principal amount of $2,800,000.00, which obligation is secured by real estate assets. Copies of the loan documents are attached hereto. The loan has a present balance of$2,129,015.47. and is due for a November 28, 2013 payment. Copies of the Note, Mortgages and related documents are attached hereto. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) See 10 a. response. 11. a. If you are a bank or other financial institution, at the time you were, served or at any subsequent time, did the Defendants have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy, or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption, and the entity electronically depositing those funds on a recurring basis. ANSWER: NO. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same) N/A 12. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the„pefendants have funds on deposit in`an-account iri which t e funds ondeposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. ANSWER: NO. b. To the extent that your above answer depends in whole or part on documents, account records, or other paper lectronic d , describe each in exact detail (or attach a copy oft sam ). N/A. Dated: December 47, 2013 Ro ert G. Radeb ch, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 I.D. 19255 Attorney for Riverview Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. COAKLEY and SUSAN P. COAKLEY, Plaintiffs, CIVIL ACTION - LAW VS TIMOTHY J. HOGG and JANA M. HOGG, Defendants, NO. 13-100 CIVIL TERM and INTEGRITY BANK, PNC BANK, N,A , and MARYSVILLE BANK ,..cn,:'_. J.. .z.r .., .,x �. ..,..,,. .yy. •°t q.,f,•xyrr.a�.L.�.; t-- nd.d..- .w.«,-. _ . Garnishees AFFIRMATION I verify that the statements made in these Answers to Interrogatories are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: t�`7 rho( RIVERVIEW BANK By: 0817 Jeanette Towsey, Assistant Operations Manager ' PROMISSORY NOTE References In the boxes above are for Lender's use only and do not limit the applicability of this document to arry particular loan or Item, Any Item above containing has been omitted due to text lanolh limitations, oprruwwn Timothy J Hogs Lender: First National Bank of Marysville Jana M Hogg a division of Riverview National Bank xooEq"usDrive 20m Front Street ' Camp Hill,PA 17011 �c�o ' p^ noso ' `'.o",~".=6 pwnmpo Amount: $2,800J000a0 Date nvNote; May 17, 2010 Maturity Date: May 14,2020 PROMISE noPAY. Bank M^n=.m" rLend"r"),or order,m lawful m the United States of America,the principal=*"nt of Two Million Eight Hundred Thousand*oo/1oo Dollars wZuun.mm.om.together with Interest""the unpaid principal balance from May 14,xo`v.until paid Inou/. PAvmcNT Subject to any payment changes resulting fro changes m the Index,Borrower will pay this loan m accordance~ith the following payment schedule, which calculates Interest an the unpaid principal balances as described In the "INTEREST CALCULATION METHOD" paragraph using the Interest rates described In this paragraph: 119 monthly consecutive principal and Interest payments In the Initial amount of $16,489.77 each,beginning June 14,2010,with Interest calculated art the unpuld principal balances using an Interest rate based an the U.S. Prime Rate as published In the'Money Rates" table of the Wall Street Journal In affect as of the 25th day of each month,or the next business day If the 25th falls an a weekend or holiday(currently 3.250%1.plus a margin of 11.000 percentage points,adjusted if necessary for the minimum and maximum rate limitations for this loan,resulting In an Initial uomm per annurn based on a your mnsn days;and one principal and Interest payment of$2,091.598.78 on May 14, 2020,with Interest calculated an the unpaid principal balances using an Interest rate based an the U.S.Prime Rate as published in the"Money Rates" table of the Wall Street Journal In effect as of the 25th day of each month.or the next business day If the 25th falls on a weekend at holiday(currently 3.260%).plus a margin of 1.000 percentage points, adjusted If necessary for the minknum and maximum rate limitations for this loan,resulting In an Initial Interest rate of 6.000%per arminn based an a year of 360 days. This estimated final psymem Is based onthe assumption that all payments will be made exactly as scheduled and that the Index does not change,the actual final payment will be for all principal and accrued Interest not yet paid,together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law,payments will be applied first to any accrued unpaid Interest; than to principal;then to any late charges;and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shomi above or at such other place as Lender may designate In wrldrig. VARIABLE INTEREST RATE, The Interest rate""this Note/"o"w"mmu=mw�"mum=�um°o"�m changes/ o"mu.=nu°mmm"" wou^*mvu.o.m=vn /wumth°�mmvn��' table",the Wall Street Journal w effect""m the uom day"f each month,", the next business day n the osm falls weekend or holiday(the^/*m ^) The Ind m=*necessarily the lowest rate charged u,m"de,an Its loans. It the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The Interest rate change will not occur more often than each month. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 3.250%per annum. The Interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein In the "Payment" section. Notwithstanding any other provision of this Note,after the first payment stream,the Interest rate for each subsequent payment stream will be effective as of the last payment date of the just-anding payment stream. NOTICE: Under no circumstances will the Interest rate on this Note be lose than 5.DDD%par annum or more then the maximum rate allowed by applicable low. Whenever increases occur In the Interest rots,Linder, at Its option,may do one or more of the following: (A) Increase Borrower's payments to ensure Borrower's loan will pay off by Its original final maturity date, IS) Increase Borrower's payments to cover accruing Interest, (C) Increase the number of Borrower's payments, and (0) continue Borrower's payments at the same amount and Increase Borrower's final payment, INTEREST CALCULATION METHOD. Interest on this Note Is computed on a 365/360 basis,that is,by applying the ratio m the interest"ate over a your of 360 days. rnuldplied by the outstanding principal bel"nc° by the actual number m days the principal balance m "*°ta"a"o. All Interest payable under this Note m computed using this method. PREPAYMENT PENALTY. Borrower a =°.mm all loan fees and other prepaid finance charges are earned fully as"f the date of the loan and will not be subject to refund upon early payment(whether voluntary or as a result of default),except as otherwise required by low. Upon prepayment of this Note,Lender Is entitled to the following prepayment penalty: Prepayment penalty of 2,00%shall apply to any principal amounts prepaid during the first five Years of the Loan.This penalty shall also apply as a figs If the Loan Is converted to a fixed rate. Except for the foregoing,Borrower may pay all or a portion of the amount owed earlier than it Is due. Early payments will not,unless agreed to by Lender In writing,reneve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may result In Borrower's making fewer payments. Borrower agrees not to send Lender payments marked "paid In full", "without recourse", or similar language. It Borrower sands such a payment, Lender may accept It without losing any of Lender's rights under this Note,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 consfitutes"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 malled or delivered to: First National Bank of Marysville A Division of Riverview National Bank,1 Centre Square,P.O.Box 8 Marysville,PA 17053, LATE CHARGE. It a payment Is 15 days or more(ate, Borrower will be charged 10.000%of the regularly scheduled payment or $50.00, whichever Is greater. INTEREST AFTER swmo default,Including failure to pay upon final m"ri the Interest rate on this Note shall b Increased b adding a 5.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shell also apply to each succeeding irrierest rate change that would have applied had there been no default. After maturity,or after this Note would have matured had there been no default,the Default Rate Margin will continue to apply to the final Interest rate described In this Note. If judgment Is entered In connection with this Note, Interest will continue to accrue after the date of judgment at the rate In effect at the time judgment Is entered. However,in no event will the Interest rate exceed the maximum Interest rate limitations under applicable low. osFAucr. Each of the following shall constitute""event",default ru~*ofuvm"/t")under this Note: Payment Default. Borrower falls m make any payment when due under this Note. Other o"mmm. Borrower falls to comply with or m perform any*:Lr term,obligation,covenant",condition contained m this Note",m any"'the related documents",m comply with",m perform any term,obligation,covenant",condition contained m any other agreement between Lender and Borrower. Default In Favor of Third Parties. Borrower or any Grantor defaults under any loan,extension of credit,security agreement,purchase o, sales agreement,*any other agreement,m favor*,any other creditor u person that may materially affect any m Borrower's property", Borrower's ability m repay this Note v,perform Borrower's obligations under this Note",any m the related documents. False Statements. Any warranty,representation",statement m"o"",+",�"m��o,u,opnu~m�""mmm~v,'"m^ouxvmm,nm° ��u�"u��a�"=*�.um""�"o"m��ma�m"mx respect,either now or*the time made w furnished or becomes false ",misleading at any time thereafter. Death orinsolvency. The death",Borrower or the dissolution v,termination m Borrower's existence as"going business.the Insolvency of Borrower,the appointment"r°receiver for any part of Borrower's property,any assignment far the benefit mcreditors,any type of creditor workout,o,the commencement m any proceeding under any bankruptcy",Insolvency laws^vu,against Borrower. judicial CTO&OT or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes a gamishment of any of Borrower's accounts,Including deposit accounts,with Lender. HOW13VOT,this Event of Default shall not apply If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monles or a surety bond for the creditor or forfeiture proceeding,In an amount determined by Lender,In Its sale discretion, as being an adequate reserve or bond for the dispute. events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety,or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of,or Debility under,any guaranty of the Indebtedness evidenced by this Note. PROMISSORY NOTE (Continued) Page 2 Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note Is Impaired. insecurity. Lander In good faith believes Itself Insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid Interest Immediately due,and then Borrower will pay that amount. ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone also to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This Includes,subject to any limits under applicable low,Lender's reasonable attorneys'fees and Lender's legal expenses, whether or not there is a lawsuit,Including reasonable 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 arty court costs,in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either Lander or Borrower against the other. GOVERNING LAW. This Note will be governed by federal low applicable to Lender and,to the extent not preempted by federal law,the Iowa of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. This Note 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 jurledictlon of the courts of Perry County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fag to Lender of 820.00 If Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays Is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable low,Lander reserves a right of setoff In all Borrower's accounts with Lander(whether checking,savings,or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower may open in the future. However,this does not include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by low. Borrower authorizes Lender,to'the extent permitted by applicable low,to charge or setoff all sums owing on the indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lander to protect Lender's charge and setoff rights provided In this paragraph. COLLATERAL. Borrower acknowledges this Note Is secured by the following collateral described in the security Instruments listed herein: (A) a Mortgage dated May 17, 2010, to Lander on reel property described as "Real Property located at 107-109 E. Mein Street Shiremanstown,PA 17011; 107-117 S.3rd Street,Lemoyne,PA 17043;5 Addams Street,Enole,PA 17025; 211 Market Street,New Cumberland,PA 17070; 304-314 Market Street,Lemoyne,PA 17043;316-318 5th Avenue,New Cumberland,PA 17070; 2109-2117 Princeton Avenue,Camp Hill,PA 17011,PA 17011"and located in Cumberland County,Commonwealth of Pennsylvania. iB) an Assignment of All Rents to Lander on real property described as"Reel Property located at 107-109 E.Main Street Shiremanstown, PA 17011; 107.117 S.3rd Street,Lemoyne,PA 17043;5 Addems Street,Enala,PA 17025; 211 Market Street,New Cumberland,PA 17070; 304314 Market Street,Lemoyne,PA 17043;316-318 5th Avenue,New Cumberland,PA 17070, 2108-2117 Princeton Avenue, Camp Hill,PA 17011,PA 17011"and located In Cumberland County,Commonwealth of Pennsylvania. ICI a Mortgage dated May 17, 2010, to Lender on real property described as "Real Property located at 110 Summer Lane, New Cumberland,PA 17070"and located In York County,Commonwealth of Pennsylvania. iD) an Assignment of All Rents to Lender on real property described as"Real Property located at 110 Summer Lane,New Cumberland,PA 17070"and located In York County,Commonwealth of Pennsylvania. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain Insurance for the collateral securing this Note. Further Information concerning this requirement is sat forth In the Mortgage and in the Agreement to Provide Insurance,all the terms and conditions of which are hereby Incorporated and made a part of this Note. SUCCESSOR INTERESTS. The terms of this Note shell be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall Inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Each Borrower understands and agrees that,with or without notice to Borrower,Lender may with respect to any other Borrower (a)make one or more additional secured or unsecured loans or otherwise extend additional credit; (b)sitar,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of any Indebtedness,including Increases and decreases of the rate of Interest on the indebtedness; (c)exchange,enforce,waive,subordinate, fall or decide not to perfect,and release any security,with or without the substitution of new collateral; (d) apply such security and direct the order or manner of sale thereof,Including without Ilmhatlon,any non�judiclal sale permitted by the terms of the controlling security agreements, as Lander In its discretion may determine; (a) release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers,or other guarantors on any terms or in any manner Lender may choose; and (f)determine how, when and whet application of payments and credits shell be made on any other Indebtedness owing by such other Borrower. Borrower and any other person who signs, guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any change in the terms of this Note,and unless otherwise expressly stated In writing,no party who signs this Nate,whether as maker,guarantor, accommodedon maker or endorser,shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this loan or release any party or guarantor or collateral;or Impair,fail to realize upon or perfect Lender's security interest in the collateral;and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other then the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable,it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE,TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST,LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS OF SUiT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10%),OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (8500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. EACH BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. ��BORROWER:� �X-)_ (Seal) X (Seell imot—othy J Hogg Jana Ir iogg PROMISSORY NOTE (Continued) Page 3 LENDER: FIRST"NATIONAL BANK OF MARYSVILLE X_ kn imn Olden, ice President 01661 Fl10 te�6 vw.Rn6.16,6W Gw.Mrlwtl i1nwWY 6Wbn4 Ne.t66),mm.Y IIIy:U twwwt.•N1 t:ICINRIW0.)C 1R]�m M.% DISCLOSURE FOR CONFESSION OF JUDGMENT 3fvPrl Ii" trio';Dale�yp.^'M3 E ttiRfK0 — 11611 ME dwirf�y'Qffllfe s 315 References In the boxes above are for Lenders use anl�and do nol emit Ure eppllcabplly Of Ihle document N erry paNaler loan or Hem. An Item above cooloalln has been amltted tlue to text�n Ih IImKe9ons. BOITOWer; Timothy J Hoop Lender; First National Bank or Marywllla Jena p q u 67 za division of Riv— 1—Ncthmal bank w yPA7o11 no Front Stain PO Box B Marywllle,PA 17053 Declarant; Timothy J Huse (717)997.2195 322 Equus Ddvo Camp Hill.PA 17011 --y�,DDIISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING, THIS f DAY OF 2010.A PROMISSORY NOTE FOR $2,800,000.00 OBUGA71NG ME TO REPAY THAT AMOUNT. A. 1 UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME M COURT,AFTER A DEFAULT ON THE NOTE,WITHOUT ADVANCE NOTICE TO ME AND WrrNouT OFFERING ME AN OPPORTUNITY TD DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE,I AM KNOWINGLY,INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND 1 EXPRESSLY AGREE AND CONSENT TO LE01Er8 ENTERING JUDGMENT AGAINST ME BHONFESStON AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. �INITUILS: lu B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING,THE CONFESSION OF JUDGMENT PRON810N IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER,AFTER ENTRY OF JUDGMENT,AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING,TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT,I AM KNOWINGLY,INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERNTED BY APPLICABLE STATE AND FEDERAL LAW,WrrHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS; C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,I REPRESENT THAT. rNITIALS 1.1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE M2.A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D.1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS$70,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED T;AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE 98 GIVEN UNDER SEAL AND T IS INTENDED THAT THIS DISCLOSURE S AND SHALL.CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: a99 DISCLOSURE FOR CONFESSION OF JUDGMENT �2I y a<Rat__ , at0 �;'ae 8. 3 d,i. el Ci �%"• •ACLOOII, FiDe 'I"`" - 2s otu000 oi"to"tQti � oaziieir`� v1 �� .: References In the boxes above we for LandOr'e use Oldk end do not Ilmit the a imbllOy of this doeemeN to eery particular loan or Item, item above mntalnl has boon oml0 duo to tent langth Smlta0ons. Borrower. Tbnathy J Ho00 Lender, First Natlonat Bank of Maryavl6e Jana M 14099 a d%%I-n of RlvwW w National Sunk 322 Egwa Drive 200 Front Sheet Camp HM,PA 17011 PO Box 9 klerysvllhe PA 17053 (717)957-2106 Declarant Jana M Ho00 322 Egous I rW. Came M0,PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT l AM EXECUTING,THIS DAY OF 20-!b—`b—A PROMISSORY NOTE FOR $2,000,000.00 OBLIGATING ME To REPAY THAT AMOUNT. A. I UNDERSTAND THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT,AFTER A DEFAULT ON THE NOTE,WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE,BEING FULLY AWARE OF MY RIGHTS To ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE NOTE,i AM KNOWINGLY,INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST M�BSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. X INITIALS: B. i FURTHER DERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING,THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER,AFTER ENTRY OF JUDGMENT,AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING,TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT,t AM KNOWINGLY,INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S MIMEOIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERM BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. Y r INITIALS: C. AFTER VING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,I REPRESENT THAT: RRTIAIS 1.I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2.A REPRESENTATIVE OF LENDER SPECINCALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO MY ATTENTION. D.I CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FIr r Pr,IN WHEN I INITIALED AND SIGNED IT;AND THAT 1 RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE M GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X. Seed ana 00 BUSINESS LOAN AGREEMENT >.�; �!n a{ �r1i aft ;,,, +irj a ......... . ,; w� x//��P��y�//��. yy� �+ ��rr��yy�{�,{t.�. s' iK.13�ViVr�7i,1Jb/..; .17 � .� .T.IF� XiQ"...... d�,1�pQ a: - v. 4„ten• �t .... .. References in the boxes above are for Lander'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: Timothy J Hogg Lender: First National Bank of Marysville Jane M Hogg a division of Riverview National Bank 322 Equus Drive 200 Front Street Camp Hill,PA 17011 PO Box B Marysville.PA 17053 (717)967-2196 THIS BUSINESS LOAN AGREEMENT dated May 17,2010,Is made and executed between Timothy J Hogg and Jena M Hogg("Borrowar"1 and First National Bank of Marysville ("Lender")on the following terms and condtions. Borrower has received prior commercial loans from Lender or has appl ed to Lender for a commercial loan or loans or other financial accommodations,including those which may be described on any exhibit or schedule attached to this Agreement. Borrower understands and agrees that: (A) In granting,renewing,or extending any Loan, Lender Is relying upon Borrower's representations,warranties,and agreements as set forth In this Agreement: (B) the granting,renewing,or extending of any Loan by Lender at all times shall be subject to Lender's sole judgment and discretion:and (C) all such Loans shall be and remain subject to the terms and conditions of this Agreement, TERM. This Agreement shall be effective as of May 17,2010,and shall continue in full force and effect until such time as all of Borrower's Loans In favor of Lender have been paid In full,including principal,interest,costa,expenses,attorneys'fees, and other fees and charges,or umll May 14,2020. CONDITIONS PRECEDENT TO EACH ADVANCE. Lender's obligation to make the initial Advance and each subsequent Advance under this Agreement shall be subject to the fulfillment to Lender's satisfaction of all of the conditions set forth In this Agreement and in the Related Documents. Loan Documents. Borrower shell provide to Lender the following documents for the Loan: 11) the Note; (2) Security Agreements granting to Lender security Interests In the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (41 evidence of Insurance as required below; 15) together with all such Related Documents as Lender may require for the Loan; ail in form and substance satisfactory to Lender and Lender's counsel. Payment of Fees and Expenses. Borrower shell have paid to Lender all fees,charges,and other expenses which are then due and payable as specified In this Agreement or any Related Document. Representations and Warranties. The representations and warranties set forth in this Agreement,In the Related Documents,and in any document or certificate delivered to Lender under this Agreement are true and correct. No Event of Default. There shall not exist at the time of any Advance a condition which would constitute an Event of Default under this Agreement or under any Related Document. REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Lender,as of the date of this Agreement,as of the date of each disbursement of loan proceeds,as of the date of any renewal,extension or modification of any Loan,and at all times any Indebtedness exists: Business Activities. Timothy J Hogg maintains an office at 322 Equus Drive, Camp Hill, PA 17011. Unless Timothy J Hogg has designated otherwise In writing,the principal office Is the office at which Timothy J Hogg keeps its books and records Including Its records concerning the Collateral. Timothy J Hogg will notify Lender prior to any change In the location of Timothy J Hogg's principal office address or any change in Timothy J Hogg's name. Timothy J Hogg shall do all things necessary to comply with all regulations, rules, ordinances,statutes,orders and decrees of any governmental or quest-governmental authority of court applicable to Timothy J Hogg and Timothy J Hogg's business activities. Jana M Hogg maintains an office at 322 Equus Drive,Camp Hill,PA 17011. Unless Jana M Hogg has designated otherwise In writing,the principal office is the office at which Jana M Hogg keeps Its books and records Including its records concerning the Collateral, Jena M Hogg will notify Lender prier to any change In the location of Jane M Hogg's principal office address or any change In Jena M Hogg's name. Jens M Hogg shall do all things necessary to comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-governmental authority or court applicable to Jana M Hogg and Jana M Hogg's business activities. Assumed Business Names. Borrower has filed or recorded all documents or filings required by law relating to all assumed business names used by Borrower. Excluding the name of Borrower,the following is a complete list of all assumed business names under which Borrower does business: None. Authorization. Borrower's execution,delivery, and performance of this Agreement and all the Related Documents do not conflict with, result in a violation of,or constitute a default under 111 any provision of any agreement or other Instrument binding upon Borrower or (2) any law,governmental regulation,court decree,or order applicable to Borrower or to Borrower's properties. Financial Information. Each of Borrower's financial statements supplied to Lander truly and completely disclosed Borrower's financial condition as of the date of the statement,and there has been no material adverse change in Borrower's financial condition subsequent to the data of the most recent financial statement supplied to Lender. Borrower has no material contingent obligations except as disclosed In such financial statements. Legal Effect. This Agreement constitutes, and any Instrument or agreement Borrower is required to give under this Agreement when delivered will constitute legal,valid,and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms. Properties. Except as contemplated by this Agreement or as previously disclosed In Borrower's financial statements or In writing to Lender and as accepted by Lender,and except for property tax Ilene for taxes not presently due and payable,Borrower owns and has good title to all of Borrower's properties free and clear of all Security Interests,and has not executed any security documents or financing statements relating to such properties. All of Borrower's properties are titled in Borrower's legal name,and Borrower has not used or filed a financing statement under any other name for at least the last five 15)years. Hazardous Substances. Except as disclosed to and acknowledged by Lender In writing,Borrower represents and warrants that: (1) During the period of Borrower's ownership of the Collateral,there has been no use,generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance by any person on,under, about or from any of the Collateral. 121 Borrower has no knowledge of,or reason to believe that there has been (a) any breach or violation of any Environmental Laws; (b) any use,generation, manufacture, storage, treatment, disposal, release or threatened release of arpi Hazardous Substance on, under, about or from the Collateral by any prior owners or occupants of any of the Collateral;or lc) any actual or threatened litigation or claims of any kind by any person relating to such matters. (3) Neither Borrower nor any tenant,contractor,agent or other authorized user of any of the Collateral shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from any of the Collateral; and 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. Borrower authorizes Lender and its agents to enter upon the Collateral to make such inspections and tests as Lander may deem appropriate to determine compliance of the Collateral with this section of the Agreement. Any Inspections or tests made by Lender shall be at Borrower's expanse and for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lander to Borrower or to any other person. The representations and warranties contained herein are based on Borrower's due diligence in Investigating the Collateral for hazardous waste and Hazardous Substances. Borrower hereby (t) releases and waives any future claims against Lender for indemnity or contribution In the event Borrower becomes liable for cleanup or other costs under any such laws,and 12) agrees to indemnify,defend,and hold harmless Lander 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 Agreement or as a consequence of any use; generation, manufacture,storage, disposal, release or threatened release of a hazardous waste or substance on the Collateral. The provisions of this section of the Agreement, Including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the termination, expiration or satisfaction of this Agreement and shall not be affected by Lender's acquisition of any Interest In any of the Collateral, whether by foreclosure or otherwise. Litigation and Claims. No litigation, claim, investigation, administrative proceeding or similar action (Including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower's financial condition or properties, other than litigation,claims,or other events, if any,that have been disclosed to and acknowledged by Lender In writing. Taxes. To the best of Borrower's knowledge,all of Borrower's tax returns and reports that are or were required to be filed,have been BUSINESS LOAN AGREEMENT (Continued) Page 2 filed,and all taxes,assessments and other governmental charges have been paid in full,except those presently being or to be contested by Borrower in good faith In the ordinary course of business and for which adequate reserves have been provided. Lien Priority. Unless otherwise previously disclosed to Lender in writing, Borrower has not entered into or granted any Security Agreements, or permitted the filing or attachment of any Security Interests on or affecting any of the Collateral directly or indirectly securing repayment of Borrower's Loan and Note,that would be prior or that may In any way be superior to Lender's Security Interests and rights in and to such Collateral. Binding Effect. This Agreement, the Note, all Security Agreements (If any), and all Related Documents are binding upon the signers thereof, as well as upon their successors, representatives and assigns, and are legally enforceable In accordance with their respective terms. AFFIRMATIVE COVENANTS. Borrower covenants and agrees with Lender that,so long as this Agreement remains in effect,Borrower will: Notices of Claims and Litigation. Promptly Inform Lander In writing of (1) all material adverse changes in Borrower's financial condition, and (2) all existing and all threatened litigation,claims,investigations,administrative proceedings or similar actions affecting Borrower or any Guarantor which could materially affect the financial condition of Borrower or the financial condition of any Guarantor. Financial Records. Maintain Its books and records In accordance with GAAP,applied on a consistent basis,and permit Lander to examine and audit Borrower's books and records at all reasonable times. Financial Statements. Furnish Lender with the following: Annual Statements. As soon as available,but in no event later than one-hundred-twenty(120)days after the and of each fiscal year, Borrower's balance sheet and income statement for the year ended,prepared by Borrower. Tax Returns. As soon as available,but In no event later than thirty(30)days after the applicable tiling date for the tax reporting period ended,Federal and other governmental tax returns,prepared by Borrower. Additional Requirements. Personal Financial Statement;Rant Roil and Property operating data. All financial reports required to be provided under this Agreement shell be prepared In accordance with GAAP, applied on a consistent basis,and certified by Borrower as being true and correct. Additional Information. Furnish such additional information and statements,as Lender may request from time to time. Insurance. Maintain fire and other risk Insurance,public liability Insurance,and such other Insurance as Lender may require with respect to Borrower's properties and operations,in form,amounts,coverages and with insurance companies acceptable to Lender. Borrower,upon request of Lender,will deliver to Lander from time to time the policies or certificates of Insurance In form satisfactory to Lender,including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall Include an endorsement providing that coverage In favor of Lander will not be Impaired in any way by any act, omission or default of Borrower or any other parson. In connection with all policies covering assets in which Lender holds or Is offered e security interest for the Loans,Borrower will provide Lender with such lender's loss payable or other endorsements as Lender may require. Insurance Reports. Furnish to Lender, upon request of Lander, reports on each existing Insurance policy showing such Information as Lender may reasonably request,Including without limitation the following: (1) the name of the Insurer; (21 the risks Insured; (3) the amount of the policy; (4) the properties Insured; (B) the then current property values on the bests of which insurance has been obtained, and the manner of determining those values;and (6) the expiration date of the policy. In addition,upon request of Lender(however not more often than annually), Borrower will have an Independent appraiser satisfactory to Lender determine, as applicable,the actual cash value or replacement cost of any Collateral. The cost of such appraisal shall be paid by Borrower. Other Agreements. Comply with all terms and conditions of all other agreements,whether now or hereafter existing,between Borrower and any other party and notify Lender Immediately In writing of any default in connection with any other such agreements. Loan Proceeds. Use all Loan proceeds solely for Borrower's business operations,unless specifically consented to the contrary by Lender in writing. Taxes,Charges and Lions. Pay and discharge when due all of Its Indebtedness and obligations,including without limitation all assessments, taxes,governmental charges,lavles and liens,of every kind and nature,Imposed upon Borrower or Its properties,Income,or profits,prior to the date on which penalties would attach,and all lawful claims that,If unpaid,might become a Ilan or charge upon any of Borrower's properties,Income,or profits. Provided however,Borrower will not be required to pay and discharge any such assessment,tax,charge, levy,lien or claim so long as 11) the legality of the same shall be contested in good faith by appropriate proceedings,and (2) Borrower shall have established on Borrower's books adequate reserves with respect to such contested assessment,tax,charge,levy,lien,or claim In accordance with GAAP. Performance. Perform and comply,in a timely manner,with all terms,conditions,and provisions set forth In this Agreement,In the Related Documents, and In all other instruments and agreements between Borrower and Lender. Borrower shell notify Lender immediately In writing of any default in connection with any agreement. Operations. Maintain executive and management personnel with substantially the same qualifications and experience as the present executive and management personnel;provide written notice to Lander of any change in executive and management personnel;conduct Its business affairs In a reasonable and prudent manner. Environmental Studies. Promptly conduct and complete,at Borrower's expense,all such investigations,studies,samplings and testings as may be requested by Lender or any governmental authority relative to any substance,or any waste or by-product of any substance defined as toxic or a hazardous substance under applicable federal, state, or local law, rule, regulation,order or directive, at or affecting any property or any facility owned,leased or used by Borrower. Compliance with Governmental Requirements. Comply with all laws, ordinances, end regulations, now or hereafter in effect, of an governmental authorities applicable to the conduct of Borrower's properties,businesses and operations,and to the use or occupancy of the Collateral,including without limitation,the Americans With Disabilities Act. Borrower may contest in good faith any such law,ordinance, or regulation and withhold compliance during any proceeding,Including appropriate appeals, so long as Borrower has notified Lender In writing prior to doing so and so long as, in Lender's sole opinion, Lender's Interests in the Collateral are not jeopardized. Lender may require Borrower to post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's Interest. Inspection. Permit employees or agents of Lender at any reasonable time to Inspect any and all Collateral for the Loan or Loans and Borrower's other properties and to examine or audit Borrower's books, accounts, and records and to make copies and memoranda of Borrower's books,accounts, and records. If Borrower now or at any time hereafter maintains any records (including without limitation computer generated records and computer software programs for the generation of such records) In the possession of a third parry, Borrower, upon request of Lender,shall notify such party to permit Lender free access to such records at all reasonable times and to provide Lander with copies of any records it may request,all at Borrower's expense, Environmental Compliance and Reports. Borrower shell comply In all respects with any and all Environmental Laws;not cause or permit to exist, as a result of an Intentional or unintentional action or omission on Borrower's part or on the part of any third party,an property owned end/or occupied by Borrower,any environmental activity where damage may result to the environment,unless such environmental activity is pursuant to and In compliance with the conditions of a permit Issued by the appropriate federal,state or local governmental authorities;shalt furnish to Lender promptly and in any event within thirty(30)days after recelpt thereof a copy of any notice,summons, lien, citation, directive, letter or other communication from any governmental agency or instrumentality concerning any intentional or unintentional action or omission on Borrower's part In connection with any environmental activity whether or not there is damage to the environment and/or other natural resources. Additional Assurances. Make, execute and deliver to Lander such promissory notes, mortgages, deeds of trust, security agreements, assignments,financing statements,Instruments,documents and other agreements as Lender or Its attorneys may reasonably request to evidence and secure the Loans and to perfect all Security Interests. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's Interest in the Collateral or If Borrower fails to comply with any provision of this Agreement or any Related Documents, Including but not limited to Borrower's failure to discharge or pay when due any amounts Borrower Is required to discharge or pay under this Agreement or any Related Documents,Lender on Borrower's behalf may(but shall not be obligated to)take any action that Lander deems appropriate,Including but not limited to discharging or paying all taxes,liens,security Interests,encumbrances and other claims,at any time levied or placed on any Collateral and paying all casts for Insuring,maintaining and preserving any Collateral. All such expenditures Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Borrower.,All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable Insurance policy; BUSINESS LOAN AGREEMENT (Continued) Page 3 or 12) the remaining term of the Note;or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. NEGATIVE COVENANTS. Borrower covenants and agrees with Lender that while this Agreement Is In effect,Borrower shell not,without the prior written consent of Lender: CESSATION OF ADVANCES. If Lender has made any commitment to make any Loan to Borrower,whether under this Agreement or under any other agreement,Lender shall have no obligation to make Loan Advances or to disburse Loan proceeds If: (Al Borrower or any Guarantor Is In default under the terms of this Agreement or any of the Related Documents or any other agreement that Borrower or any Guarantor has with Lander; (B) Borrower or any Guarantor dies,becomes Incompetent or becomes Insolvent,flies a petition in bankruptcy or similar proceedings, or Is adjudged a bankrupt; (C) there occurs a material adverse change In Borrower's financial condition,in the financial condition of any Guarantor,or In the value of any Collateral securing any Loan;or ID) any Guarantor seeks,claims or otherwise attempts to limit,modify or revoke such Guarantor's guaranty of the Loan or any other loan with Lender;or (E) Lender in good faith deems itself Insecure,even though no Event of Default shall have occurred. RIGHT OF SETOFF. To the extent permitted by applicable law,Lender reserves a right of setoff In all Borrower's accounts with Lender(whether checking,savings,or some other account). This Includes all accounts Borrower holds jointly with someone also and all accounts Borrower may open in the future. However,this does not Include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by law. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the Indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: Payment Default. Borrower falls to make any payment when due under the Loan. Other Defautts. Borrower fells to comply with or to perform any other term,obligation,covenant or condition contained in this Agreement or In any of the Related Documents or to comply with or to perform any term,obligation,covenant or condition contained In any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults 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 or any Grantor's ability to repay the Loans or perform their respective obligations under this Agreement or any of the Related Documents. False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Agreement or the Related Documents is false or misleading In any materiel respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business,the insolvency of Borrower,the appointment of a receiver for any part of Borrower'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. Defective Collateralization, This Agreement or any of the Related Documents cesseo to be In full force and effect(including failure of any collateral document to create a valid and perfected security Interest or lien)at any time and for any reason. 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 by any governmental agency against any collateral securing the Loan. This includes a garnishment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shall not apply If there Is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lander monies or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute. 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. Adverse Change. A material adverse change occurs In Borrower's financial condition,or Lander believes the prospect of payment or performance of the Loan is Impaired. Insecurity. Lender In good faith believes Itself insecure. EFFECT OF AN EVENT OF DEFAULT. If any Event of Default shall occur,except where otherwise provided in this Agreement or the Related Documents,all commitments and obligations of Lender under this Agreement or the Related Documents or any other agreement immediately will terminate(including any obligation to make further Loan Advances or disbursements),end,at Lender's option,all Indebtedness Immediately will become due and payable,all without notice of any kind to Borrower,except that in the case of an Event of Default of the type described In the "Insolvency"subsection above,such acceleration shall be automatic and not optional. In addition,Lander shall have all the rights and remedies provided In the Related Documents or available at law,in equity,or otherwise. Except as may be prohibited by applicable law,all of Lender's rights and remedies shall be cumulative and may be exercised singularly or concurrently. Election by Lender to pursue any remedy shell not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Borrower or of any Grantor shall not effect Lender'a right to declare a default and to exercise its rights and remedies. DEBT SERVICE COVERAGE RATIO. Borrower shell maintain a Debt Service Coverage Ratio for the Collateral Property of not less than 1.25:1.00,to be measured annually.Debt Service Coverage Ratio Is defned as Collateral Property Net Operating income divided by the total of all scheduled principal and Interest payments on the Loan over the next twelve months. GLOBAL DEBT SERVICE COVERAGE RATIO. Borrower shall maintain a Global Debt Service Coverage Ratio of not less than 1.0:1.0 to be measured annually.Global Debt Service Coverage Ratio is defined as Net Operating Income from the Collateral Property, plus Net Operating Income from all other properties owned by Borrower or awned by an other entity owned or partially owned by Borrower,plus EBiTDA for any operating business owned or partially owned by Borrower,divided by the sum of ail scheduled principal and interest payments over the next 12 months for all loans and obligations owed by Borrower,and any an other entity owned or partially owned by Borrower,and by any operating business owned or partially awned by Borrower. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: Amendments. This Agreement,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given In writing end signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Borrower agrees to pay upon demand all of Lender's coats and expenses, Including Lender's reasonable attorneys'fees and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lander may hire or pay someone also to help enforce this Agreement,and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses Include Lender's reasonable attorneys'fees and legal expenses whether or not there is a lawsuit,Including reasonable attorneys'fees and legal expenses for bankruptcy proceedings lincluding efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post Judgment collection aarvicas. Borrower also shall pay all court costs and such additional fees as may be directed by the court. 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. Consent to Loan Participation. Borrower agrees and consents to Lender's sale or transfer, whether now or later, of one or more participation Interests in the Loan to one or more purchasers,whether related or unrelated to Lender. Lender may provide,without any limitation whatsoever, to any one or more purchasers, or potential purchasers, any information or knowledge Lander may have about Borrower or about any other matter relating to the Loan,and Borrower hereby waives any rights to privacy Borrower may have with respect to such matters. Borrower additionally waives any and all notices of sale of participation Interests,as well as all notices of any repurchase of such participation Interests. Borrower also agrees that the purchasers of any such participation interests will be considered as the absolute owners of such Interests In the Loan and will have all the rights granted under the participation agreement or agreements governing the sale of such participation Interests. Borrower further waives all rights of offset or counterclaim that It may have now or later against Lander or against any purchaser of such a participation Interest and unconditionally agrees that either Lender or such purchaser may enforce Borrower's obligation under the Loan Irrespective of the failure or Insolvency of any holder of any Interest in the Loan. Borrower further agrees that the purchaser of any such participation Interests may enforce Its Interests irrespective of any personal claims or defenses that Borrower may have against Lender. Governing Law. This Agreement will be governed by federal law applicable to Lander and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennovivanln wlthn„t rnnnr,l to he n,w.e"'ni b..,wrn.,l.t..... TL%.n....._._Y.-�---_...r......._.... BUSINESS LOAN AGREEMENT (Continued) Page 4 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 Perry County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Borrower under this Agreement shell be joint and several,and all references to Borrower shell mean each and every Borrower. This means that each Borrower signing below Is responsible for all obligations In this Agreement. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing end signed by Lender. No delay or omission on the pert 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 Agreement shell not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower,or between Lender and any Grantor,shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Agreement, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances whore such consent Is required and In all cases such consent may be granted or withheld In the sole discretion of Lender. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Agreement shall be given In writing,and shall be effective when actually delivered,when actually received by telefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,If mailed,when deposited in the United States mall,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Agreement. Any party may change Its address for notices under this Agreement 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, Borrower agrees to keep Lender informed st all times of Borrower's current address. Unless otherwise provided by applicable law,If there is more then one Borrower,any notice given by Lander to any Borrower is deemed to be notice given to all Borrowers. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be Illegal,invalid,or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other person or 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 unenforceabll'rty of any provision of this Agreement shall not affect the legality,validity or enforceability of any other provision of this Agreement. Successors and Assigns. All covenants and agreements by or on behalf of Borrower contained In this Agreement or any Related Documents shell bind Borrower's successors and assigns and shall Inure to the benefit of Lender and Its successors and assigns. Borrower shall not, however, have the right to assign Borrower's rlghte under this Agreement or any Interest therein, without the prior written consent of Lender. Survival of Representations and Warranties. Borrower understands and agrees that in making the Loan, Lender Is relying on all representations, warranties, and covenants made by Borrower in this Agreement or In any certificate or other Instrument delivered by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any Investigation made by Lender, all such representations, warranties and covenants will survive the making of the Loan and delivery to Lender of the Related Documents,shell be continuing in nature,and shall remain In full force and effect until such time as Borrower's Indebtedness shall be paid In full,or until this Agreement shell be terminated In the manner provided above,whichever is the lest to occur. Time to of the Essence. Time Is of the essence In the performance of this Agreement Waive Jury. Ali parties to this Agreement 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 Agreement. 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 Agreement shall have the meanings attributed to such terms In the Uniform Commercial Code. Accounting words and terms not otherwise defined in this Agreement shall have the meanings assigned to them In accordance with generally accepted accounting principles as In effect on the date of this Agreement: Advance. The word"Advance"means a disbursement of Loan funds made,or to be made,to Borrower or on Borrower's behalf on a line of credit or multiple advance basis under the terms and conditions of this Agreement. Agreement. The word"Agreement"means this Business Loan Agreement,as this Business Loan Agreement may be amended or modified from time to time,together with all exhibits and schedules attached to this Business Loan Agreement from time to time. Borrower. The word"Borrower"means Timothy J Hogg and Jana M Hogg and includes all co-signers and co-makers signing the Note and all their successors and assigns, Collateral. The word'Collateral"means all property and assets granted as collateral security for a Loan,whether real or personal property, whether granted directly or Indirectly, whether granted now or In the future, and whether granted in the form of a security Interest mortgage,collateral mortgage,dead of trust,assignment,pledge,crop pledge,chattel mortgage,collateral chattel mortgage,chattel trust. factor's Ilan,equipment trust,conditional sale,trust recelpt,Ilan,charge,Ilan or title retention contract,lease or consignment Intended as a security device,or any other security or Ilan Interest whatsoever,whether created by law,contract,or otherwise. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and kcal statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as emended,42 U.S.C. Section 9601, at seq. I"CERCLA"i,the Superfund Amendments and Reauthorization Act of 1986,Pub,L.No.99-499 I"SARA"I,the Hazardous Materials Transportation Act,49 U.S.C.Section 1801,at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at 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 Agreement In the default section of this Agreement. GAAP. The word"GAAP"means generally accepted accounting principles. Grantor. The word"Grantor" means each and all of the persons or entities granting a Security Interest in any Collateral for the Loan, including without limitation all Borrowers granting such a Security Interest. Guarantor. The word"Guarantor"means any guarantor,surety,or accommodation party of any or all of the loan. Guaranty. The word"Guaranty"means the guaranty from Guarantor to Lender,Including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean 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[Imitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term"Hazardous Substances"also includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Indebtedness. The word"Indebtedness"means the Indebtedness evidenced by the Nate or Related Documents,including all principal and interest together with all other Indebtedness and coats and expenses for which Borrower Is responsible under this Agreement or under any of the Related Documents. Lender. The word"Lender"means First National Bank of Marysville,Its successors and assigns. Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter existing,and however evidenced,Including without limitation those bans and financial accommodations described herein or described on any exhibit or schedule attached to this Agreement from time to time. Note. The word"Note"means the Note executed by Timothy J Hogg and Jana M Hogg In the principal amount of 52,800,000.00 dated May 17,2010,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of,and substitutions for the note or credit agreement. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds, collateral mortgages, and all other Instruments, BUSINESS LOAN AGREEMENT (Continued) Page 5 agreements and documents,whether now or hereafter existing,executed in connection with the Loan, Security Agreement. The words "Security Agreement" mean and Include without limitation any agreements, promises, covenants, arrangements,understandings or other agreements,whether created by law,contract,or otherwise,evidencing,governing,representing,or creating a Security Interest. Security Interest. The words "Security Interest" mean, without limitation, any and all types of collateral security, present and future, whether In the form of a lien, charge, encumbrance, mortgage,deed of trust, security deed, assignment, pledge, crop pledge, chattel mortgage, collateral chattel mortgage, chattel trust, factor's lien, equipment trust, conditional sale,trust receipt, lien or title retention contract, lease or consignment Intended as a security device,or any other security or lien interest whatsoever whether created by law, contract,or otherwise. BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS BUSINESS LOAN AGREEMENT AND BORROWER AGREES TO ITS TERMS, THIS BUSINESS LOAN AGREEMENT IS DATED MAY 17.2010. 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: (Seal) x VY1 l a—' (Beall Timothy J Hogg Jana ogg LENDER: FIRST NATIONAL BANK OF MARYSVILLE (Seal) A. n�i Van Olden,Vice President u"m mo�.eae v..�.a.,mac"n.».�"rwr,c.mr».ne.„er,m,n Al apm,Mw.wO.•M IIKRIMIC"u2 twAS NFa q V f YORK COUNTY ASSErAEST OFFICE Parcel Identification Number:mben 27.000-05-0072-00-0000 4110 Sue,n.arLase, Ntw Cu r..berlC.. 0932913 RECORDATION REQUESTED BY: First National Bank of Marysville a division of Riverview National Bank 200 Front Street PO Box B Marysville,PA 17053 WHEN RECORDED MAIL TO: First National Bank of Marysville e division of Riverview National Bank 200 Front Street PO Box B Marysville,PA 17053 SEND TAX NOTICES TO: First National Bank of Marysville a diviskm of Riverview National Bank 200 Front Street PO Box B Marysville,PA 17053 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: 02,800,000.00 THIS MORTGAGE dated May 17, 2010, is made and executed between Timothy J Hogg and Jana M Hoggf-'Husband and Wife, whose address is 322 Equus Drive, Camp Hill, PA 17011 (referred to below as "Grantor") and First National Bank of Marysville fwhose address is 200 Front Street,PO Box B,Marysville,PA 17053(referred to below as "Lender"). GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, convoys, assigns, transfers, releases,confirms and mortgages to Lender all of Grantor's right,tltle,and Interest In and to the following described reel property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all �•I)t streets, lanes, allays, passages, end ways; all easements, rights of way, all liberties, privileges, tenements, ✓ hereditsments,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 rights); and all other rights, royalties, and profits relating to the real property, Including without limitedon all minerals,all,gas,geothermal and similar matters, (the"Real Property")located in York County, Commonwealth of Pennsylvania: See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as If fully set forth herein. The Real Property or its address Is commonly known as 110 Summer Lane, New Cumberland, PA 17070. The Real Property parcel identification number is 27-000.05-0072-00-00000. Grantor presently assigns to Lender all of Grantor's right,title,and Interest In and to all 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 (Al PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $2,800,000.00,THE RELATED DOCUMENTS,AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE, Except as otherwise provided In this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor egress that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 11) remain in possession and control of the Property; (2) use,operate or manage the Property;and (3) collect 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) During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance by any person on,under,about or from the Property; (2) Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender In writing, is) any breach or violedon of any Environmental Laws, (b) any use, generation,manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened Iltgotion or claims of any kind by any person relating to such matters;and (3) Except as previously disclosed to and acknowledged by Lender In writing, is) 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 Beol; 2075 Pase 4743 MORTGAGE (Continued) Page 2 Substance on,under,about or tram the Property;and (b) any such activity shaft be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limltetlon all Envlronmentaf Lowe. Grantor authorizes Lender and Its agents to enter upon the Property to make such inspections and taste, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any Inspections or teats made by Lender shall be for Lender's purposes only and shell 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 an Grantor's due diligence In Investigating the Property for Hazardous Substances. Grantor hereby 11) 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 (2) agrees to indemnify,defend,and hold harmless tender against arty 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 some was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to IndemnitV and defend,shell survive the payment of the Indebtedness and the satisfaction and recomeyance of the Ilan of this Mortgage and shalt 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 all and gas),coal,clay,scoria,soft,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 at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Reel Property at all reasonable times to attend to Lender's Interests and to Impact the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Govsmmentat Requirements. Grantor shell 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 Americana With Disabilities Act Grantor may contest In good falth 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 es,In Lender's sale 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.character 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 ell Bums secured by this Mortgage upon the sale or transfer,without Lender's prior written consent,of all or any pert of the Reel Property,or any Interest In the Reel Property. A"sale or transfer'means the conveyance of Real Property or any right, title or Interest In the Reel Property;whether legal,beneficial or equitable;whether voluntary or Involuntary;whether by outright sale, deed, Installment sale contract,land contract, contract for deed,lessehoid Interest with a tern greeter than three(3)years,lease-apdon contract,or by sale,assignment,or transfer of any beneficial Interest In or to any lend trust holding tide to the Real Property, or by any other method of conveyance of an Interest In the Real Property. However,this option shell not be exercised by lender If such exercisa Is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and hens 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 an account of the Property,and shall pay when due all claims for work done an or for services rendered or material furnished to the Property. Grantor shell maintain the Property free of any[lens having priority over or equal to the interest of Lender under this Mortgage, except for those Ilene specifically agreed to In writing by Lender,and except for the Hen of taxes and assessments not due as further specified In the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim In connection with a good faith dispute over the obligation to pay,so long as Lender's Interest In the Property is not Jeopardized. If a Ilan arises or Is filed as a result of nonpayment, Grantor shall within fifteen(16)days after the lien arises or, If a lien Is filed, within fifteen 116)days after Grantor has notice of the filing,secure the discharge of the Ilan,or If requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the lien plus any costs and reasonable attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shell defend Itself and Lender and shell 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 shell 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 fifteen(16)days before any work Is commenced,any services are furnished,or any materials are supplied to the Property,if any mechanic's Hen,meteriaimen's Ilan,or other Tian could be asserted on account of the work,services,or materiels. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the coat of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shell 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 Reel 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 llebMty Insurance In such coverage amounts as Lender may request with lender being nomad as additional insureds In such liability insurance policies. Additionally,Grantor shall maintain such other Insurance,Including but not limited to hazard, business Interruption and holler Insurance as Lender may require. Policies shall be written by such Insurance companies and MORTGAGE (Continued) Page 3 In such form as may be reasonably acceptable to Lander. Grantor shell deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum at thirty(30)days'prior written notice to Lender and not containing any disclaimer of tits 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,omisslon 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 evallable, within 45 days after notice Is given by Lander that the Property Is[coated in a special flood hazard area,for the full unpaid principal balance of the ban end any prior(lens on the property securing the loan,up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor shell promptly notify Lender of any toss or damage to the Property. Lander 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 lion affecting the Property,or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lander 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 Lander 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 shall be paid to Grantor.as Grantor's Interests may appear. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially affect Lender's Interest In the Property or if Grantor falls 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 Related Doctanents,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 ell tuxse, flans, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying ell costs for Insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Leader for such purposes will then beer Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expanses will become a part of the Indebtedness and, at Lender's option,will IA) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either It) the term of any applicable Insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shell be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for ail such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY;DEFENSE OF TITLE. The following provisions relating to owneral•ip of the Property are a part of this Mortgage; Title. Grantor warrants that (e)Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all(lens and encumbrances other then those act forth It,,the Reel Property description or in any title Insurance policy,title report,or final title opinion Issued In favor o'f,end accepted by, Lender In connection with this Mortgage,and (b)Grantor has the full right,power,and authc1olty 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 thl'a Mortgage, Grantor shell defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lander shall be entitled to participate in the proceeding and to be represented in the pro.cesding by counsel of Lender's own choice, and Grantor will deliver,or cause to be delivered,to Lander such Instruments as Lender 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 gove.rnmental authorities. Survival of Representations and Warranties. All represent:etlons,warranties,and agreements made by Grantor In this Mortgage shall survive the execution and delivery o f this Mortgage, shall be continuing In nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provlslone relating to conde.mnatlon proceedings are a part of this Mortgage: Proceedings. If any proceeding In condemnation Is tiled, Grantor 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 Lander shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lander such Instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If 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 require 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 shell mean the award after payment of all actual costs, expenses, and artomays' 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,fees and charges are a part of this Mortgage: Current Taxes,Fees and Charges. Upon request by Lander,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 flan on the Reel Property. Grantor shall raimburae Lender for all taxes, as described.below, together with all expenses Incurred In recording, perfecting or continuing this Mortgage, Including'without fimitatfon all taxes, fees, documentary stamps,and other charges for recording or registering this Mortgage. Taxes. The following shall constltuto 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 Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; 13) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note;and (4) a MORTGAGE (Continued) Page 4 specific tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes, If any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Default,and Lender may exercise any or all of Its available remedies for an Event of Default as provided below unless Grantor either (11 pays the tax before it becomes delinquent,or (2) contests the tax as provided above In the Taxes and Liens section 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 ea a security agreement are a pert of this Mortgage: Security Agreement. This Instrument shell constitute a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shell 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 Lander,Grantor shell take whatever action is requested by Lender to perfect and continue Lender's security Interest in the Rents and Personal Properly. 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 Idebtorl and Lender (secured petty) 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 will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lander,cause to be filed,recorded,reflled,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 Lander,be necessary or desirable In order to effectuate,complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the(lens and security Interests created by this Mortgage as first and prior Rene on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by low or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all casts and expenses Incurred In connection with the matters referred to In this paragraph. Additional Authorizations. If Grantor falls to do any of the things referred to in the preceding paragraph,Lender 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 shell require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Mortgage,Lender shell execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination 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 low,any reasonable termination fee as determined by Lander 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. Grantor falls 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 filing of or to effect discharge of any Ilan. Other Defaults. Grantor falls 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 comply with or to perform any term, obligation,covenant or condition contained In any other agreement between Lender and Grantor. Default M Favor of Third Parties. Should 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 Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on 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 furnished or becomes false or misleading at any time thereafter. Defective Collatarelization. This Mortgage or any of the Related Documents ceases to be In full force and effect (Including failure of any collateral document to create a valid and perfected security Interest or Ilen)at any time and for any reason. Death or Insolvency. The death of Grantor,the Insolvency of Grantor,the appointment of a receiver for any part of 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 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 Grantor or by any governmental agency against any property securing the indebtedness. This Includes a garnishment of any of Grantor's accounts, Including deposit accounts,with Lender, However,this Event of Default shall not apply If there Is a good falth dispute by Grantor as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monles or a surety bond for the creditor or forfeiture proceeding,In an amount determined by Lander,in its sole discretion,as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breech by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein,including without limitation any agreement MORTGAGE (Continued) Page 5 concerning any Indebtedness or other obligation of Grantor to Lander,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety, or accommodation perry of any of the Indebtedness or any guarantor,endorser,surety,or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. 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. 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 due and payable. UGC 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 Rents. Lander shall have the right,without notice to Grantor,to take possession of the Property and,with or without taking possession of the Property,to collect the Rents, Including amounts past due and unpaid,and apply the net proceeds, over and above Lender's coats, 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 Lander. If the Rents are collected by Lander,than Grantor 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 Lender In response to Lender's demand shell 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 In person,by agent,or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any pert of the Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale, and to collect the Rants 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 low, Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's Interest in all or any pert 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,shell be a sufficient warrant;and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudlcial Sale. If 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 sate. Deficiency Judgment. Lander may obtain a judgment for any deficiency remaining in the Indebtedness due to Lander 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 Be provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shall became a tenant at sufferance of Lender or the purchaser of the Property and shall,at Lender's option,either 11) pay a reasonable rental for the use of the Property,or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Lander shall have all other rights and remedies provided In this Mortgage or the Note or.ovailable at law or In equity. Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all right to have the Property marshalled. In exercising Its rights and remedies, Lender shell 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 shell give Grantor reasonable notice of the time and place 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 tan (10) days before the time of the sale or disposition. Any sole 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 shell not exclude pursuit of any other remedy,and an election to make 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 shell 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 and/or against any other co-maker,guarantor,surety or endorser and/or 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, Lander shell 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 shell become a part of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subject to any limits under apPlicable law, Lender's reasonable attorneys' fees and Lender's legal expenses,whether or not there Is a lawsuit,including reasonable 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 MORTGAGE (Continued) Page 6 foreclosure reports), surveyors' reports, and appraisal fees and title Insurance, to the extent permitted by applicable law.' Grantor also will pay any court costs,In addition to all other sums provided by law, NOTICES. Unless otherwise provided by applicable law,any notice required to be given under this Mortgage shell be given In writing, and shall be effective when actually delivered, when actually received by telefacslmtle (unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,If mailed,when deposited In the United States mall,as first class,certified or registered mall postage prepaid,directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any Ilan which has priority over this Mortgage shall be sent to Lender's address,as shown near the beginning of this Mortgage. Any party may change 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 Lander Informed at all times of Grantor's current address. Unless otherwise provided by applicable low,If there to more then one Grantor,any notice given by Lender to any Grantor is doomed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a pert of this Mortgage: Amendments. This Mortgage,together with any Related Documents, constitutes the entire understanding end agreement of the parties as to the matters set forth In this Mortgage. No alteration of or amendment to this Mortgage shell 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 then Grantor's residence, 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"shag mean all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property. Caption Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to Interpret or define the provisions of this Mortgage. Governing Lew. This Mortgage will be governed by federal low applicable to Lender and,to the extant not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of low provisions. This Mortgage has been accepted by Lander in the Commonwealth of Pennsylvania. Choice of Venue. If there Is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Perry County,Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, and all references to Grantor shall mean each and every Grantor. 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 under 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 shell operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Mortgage shell not prejudice or constitute a waiver of Lander'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's 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 shell not constitute continuing consent to subsequent Instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court at competent jurisdiction finds any provision of this Mortgage to be Illegal, invalid, or unenforceable as to any.person or circumstance,that finding shell not make the offending provision Illegal,Invalid, or unenforceable as to any other person or circumstance. If feasible,the offending provision shell 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 Mortgage. Unless otherwise required by low, the illegality, Invalidity, or unanforcaebillty of any provision of this Mortgage shell 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 of Lender. Successor Interests. The terms of this Mortgage shag be binding upon Grantor,and upon Grantor's hhere,personal representatives,successors,and assigns,and shell be enforceable by Lender and Its successors and assigns. Time Is of the Essence. Tlma 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 shell Include the plural,and the plural shall Include the singular,as the context may require. Words and terms not otherwise defined in this Mortgage shell have the meanings attributed to such terns In the Uniform Commercial Code: Borrower. The word "Borrower' means Timothy J Hogg and Jena M Hogg and includes all co-signers and co-makers signing the Note and all their successors and assigns. Default. The word'Default"means the Default set forth In this Mortgage In the section titled"Default". Environmental Laws. The words "Environmental Laws" mean arty and all state, federal and local statutes, regulations end ordinances relsting to the protection of human health or the environment, including without limltation the Comprehensive Environmental Response,Compensation,and Liability Act of 1 880,or amended,42 U.S.C.Section 9601,at seq.1"CERCLA"1,the Supertund Amendmenta and Reauthorization Act of 1986,Pub.L. No.99.499("SARA"),the Hazardous Materiels Transportation Act,49 U.S.C,Section 1801,at seq.,the Resource Conservation and Recovery Act,42 U.S.C.Section 6901,at 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 Timothy J Hogg and Jana M Hogg. Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to Lender,Including without limitation a guaranty of all or pert of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, MORTGAGE (Continued) Page 7 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 Environmental Laws. The term"Hazardous Substances"also Includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property,facilities,additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costa and expenses payable under the Note or Related Documents, together with ell renewals of, extensions of, modifications of, consolidations of and substitutions for the Note 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 obligations under this Mortgage,together with Interest on such amounts as provided In this Mortgage. Lender. The word"Lender"means First National Bank of Marysville,Its successors and assigns. Mortgage. The word'Mortgage"means this Mortgage between Grantor and Lender. Note. The word"Note"means the promissory note dated May 17,2010,in the original principal amount of $2,800,000.00 from Grantor 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 Note is May 14,2020.NOTICE TO GRANTOR: THE NOTE CONTAINS'A VARIABLE INTEREST RATE. ' Personal Property. The words 'Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all'replecoments of,and all substitutions for, 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 words"Real Property"mean the real property,interests and rights,as further described In this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now or hereafter existing,executed In connection wlth,the Indebtedness. Rents. The word "Rents' means all present and future rants, 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 IS INTENDED THAT THIS.MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X (Seal) Timot y J Hogg X '(_1. (Seal) Jana Hogg CERTIFICATE OF RESIDENCE 1 hereby certify,that the precise address of the mortgagee,First National Bank of Marysville,herein is as follows: a division of Riverview National Bank,200 From Street,PO Box B,Marysville, M Atto ey or Agent for Mortgagee MORTGAGE (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA i 11 SS cOUNTY OF j�� Q{/ I Al A�th1s,the � _day f 1 t 1(,�1 ,re before�, Hogg an ttiG►�9C�!'_-}_yy�_yt the undersigned Nater Public,personally appeared Timothy J Hogg and Jena M Hogg,known to mailer sadsfectorlly proveni to be the person whose names are subscribed to the within Instrument, and acknowledged that they executed the some for the purposes therein contained. In witness whereof,I hereunto set my hand and official seal, OOMMONWEALTH OF PENNSYEVANTA Notarial Seel ltidt RI J.P&M,Notary Public tv Csmp"MBor%CumberlandCoumy Notary Public In and for the State of rN Oommtsslon Exp6es Nerth 27 2014 Member,ftMIS lnla Assodatlon of Notaries LASER PRO Lending,Ver.6.49.10.002 Copr,Harland Financial Solutions,Inc. 1997,2010. All Rights Reserved. - PA KACFRI-PL%G03.FC TR-3226 PR-28 V� i EXHIBIT"A" 110 Summer Lane,New Cumberland Parcel No.27-000-05-0072 ALL THAT CERTAIN tract or parcel of land and premises situate,lying and being in the Township of Fairview,in the County of York,and Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: Located in Reeser's summit and being the northern portion,or approximate one-half part of Lot Numbered 59 on that certain Plan of Lots known as Reeser's Summit as laid out by John B.Reeser,which said plan is recorded in the Office of the Recorder of Deeds in and for the County of York,Pennsylvania,in Deed Book"Y",Volume 27,Page 700,more particularly bounded and described as follows,to wit: BEGINNING at an iron pipe on the western line of Summer Lane and at the Southeast comer of Lot Number 58 on aforesaid plan,now or formerly the lands of C.Roy English,Jr., which point is 170 feet,more or less,southwardly from the intersection of said Summer Lane and Summit Road; thence South 29 degrees 53 minutes East 111.06 feet,more or less,along the western line of Summer Lane to an iron pipe; thence exactly South 78 degrees 30 minutes West, along a line dividing that portion of Lot No.59,hereby conveyed from that portion previously retained by former grantors,a distance of 165.75 feet,more or less,to a point on the eastern line of Lot No.53 marked by an iron pipe,said lot now being the land now or formerly of James Mentzer; thence along same North 22 degrees 30 minutes West 20 feet to an iron pipe at the southwest comer of Lot Number 52,now or formerly the land of Kenneth G.Kipp; thence along the eastern line of said lot North 19 degrees 47 minutes West 80 feet to an iron pipe at the southwest comer of Lot Number 51,now or formerly of the land of Kenneth G.Kipp; thence along the eastern line of said Lot North 6 degrees 52 minutes East 84.45 feet more or less to an iron pipe on the southern line of Lot Number 50,now or formerly of the land of C.Roy English, Jr.; thence along the same South 69 degrees 53 minutes East 10 feet to an iron pipe on the dividing line between Lots Number 50 and 58; thence continuing in the same direction along the southern line of Lot Number 58 land now or formerly of C.Roy English,Jr.as aforesaid,130.38 feet,more or less,to an iron pipe on the western line of Summer Lane,point and place of BEGINNING. HAVING THEREON ERECTED a brick dwelling consisting of three different apartment units and detached dwelling known and numbered as 110 Summer Lane,New Cumberland,Pennsylvania. UNDER AND SUBJECT to the restrictions and easements of record pertaining to the said premises. BEING THE SAME PREMISES which Boyd A.Westover and Patricia A.Westover, by Deed dated July 3,1997 and recorded in Book 1296,Page 747 at the York County Recorder of Deeds Office,granted and conveyed unto William P.Hogg,Grantor herein. YORK COUNTYRECORDEROFDEEDS ;!Y ►� _ �••._',, 28 EAST MARKET STREET ; YORK,PA 17401 Randi L.Reisinger-Recorder Gloria A Fleming:-Deputy '.'s0. .. ^- ..�......-:`�a1 _. �.F`_• . Instrument Number-2010022672 Book-2075 Starting Page-4743 Recorded On 5/18/2010 At 10:28:45 AM *Total Pages-10 *Instrument Type-MORTGAGE Invoice Number-885106 *Grantor-HOGG,TIMOTHY J *Grantee-FIRST NATIONAL BANK OF MARYSVILLE User- DS *Received By: COUNTER *Customer-DETHLEFS *FEES PARCEL IDENTIFICATION NUMBER STATE WRIT TAX $0.50 270000500720000000 JCS/ACCESS TO JUSTICE $23.50 Total Parcels;1 RECORDING FEES $23.00 AFFORDABLE HOUSING $11.50 PIN NUMBER FEES $10.00 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $73.50 I Certify This Document To Be Recorded In York County,Pa. xe�rder°rneada °9KOouKriy THIS ISA CERTIFICATIONPAGE PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. Book;2075 Page:4752 Parcel Identification Number: 37-23.0558-131: 001 TEL 12-21-0265-278; 09-15-1291-298; "R 28-26.0006-321; 12-21.0265-151; - 25-24.0811-095; 01-22.0636-096 RECORDATION REQUESTED BY: First National Bank of Marysville a division of Riverview National Bank 200 Front Street PO Box B Marysville,PA 17053 WHEN RECORDED MAIL TO: First National Bank of Marysville a division of Riverview National Bank 200 Front Street PO Box B Marysville,PA 17053 SEND TAX NOTICES TO: First National Bank of Marysville a division of Riverview National Bank 200 Front Street PO Box B Marysville,PA 17053 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $2,800,000.00 THIS MORTGAGE dated May 17, 2010, is made and executed between Timothy J Hogg and Jana M Hogg, Husband and Wife, whose address is 322 Equus Drive, Camp Hill, PA 17011 (referred to below as "Grantor") and First National Bank of Marysville, whose address is 200 Front Street,PO Box B. Marysville,PA 17053(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 reel property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all streets, lanes, alleys, passages, and ways; ell easements, rights of way, all liberties, privileges, tenements, hereditements,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 rights), and all other rights, royalties, and profits relating to the reel property, including without iimitation all minerals,oil, as,geothermal and similar matters, (the "Real Property") located in Cumberland County,Commonwealth of Pennsylvania: See Exhibit A, which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or its address is commonly known as 107-109 E. Main Street Shiremanstown, PA 17011; 107-117 S. 3rd.Street, Lemoyne, PA 17043; 5 Addams Street, Enols, PA 17025; 211 Market Street, New Cumberland, PA 17070; 304-314 Market Street, Lemoyne, PA 17043; 316-318 5th Avenue, New Cumberland, PA 17070; 2109-2117, Princeton Avenue, Camp Hill, PA 17011. The Real Property parcel identification number Is 37-23-0555-131; 12-21-0265-275; 09-15-1291-298; 25-25-0006-321; 12-21-0265-151; 25-24-0811-095;01-22-0535-096. Grantor presently assigns to Lender all of Grantor's right,title,and interest in and to all present and future looses 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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 82,800,000.00,THE RELATED DOCUMENTS,AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lander all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shell be governed by the following provlslons: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property; (2) use,operate or.manage the Property;and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repalrs, replacements,and maintenance necessary to preserve Its value. MORTGAGE (Continued) Page 2 Compliance With Environmental Laws. Grantor represents and warrants to Lender that: 11) During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance by any person on,under,about or from the Property; (2) Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender In writing, (e) any breech or vfaiation of any Environmental Laws, IN any use, generation,manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance 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 (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor not 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 (b) any such activity shell be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Grantor authorizes Lender end Its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, no Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shell be for Lender'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 wolves 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 (2) agrees to Indemnity,defend,and hold harmless Lender against any and all claims,losses, Ilabllhles,damages,penalties,and expenses which Lender may directly or Indirectly sustain or suffer resulting from e breech 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 tha'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,shell survive the payment of the Indebtedness and the satisfaction and reconvoyence of the lien of this Mortgage and shell not to affected by Lender's acquisition of any Interest in the Property,whether by foreclosure or otherwise. Nuisance,Waste. Grantor shell not cause, conduct or permit any nuisance nor commit, permit or suffer any stripping of or waste an 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 all and gas),cant,clay,scoria,soft,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shell 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 at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Reel Property at all reasonable times to attend to Lender's Interests end to Inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requhemonts, Grantor shell promptly comply with all laws, ordinances, end 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 Grantor may contest In good faith any such law,ordinance,or regulation end 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 shell do all other acts,In addition to those sots set forth above in this section,which from the character 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 prier written consent,of all or any part of the Reel Property,or tiny Interest In the Real Property. A"sale or transfer'means the conveyance of Reel Property or any right, title or interest In the Reel Property;whether legal,beneficial or equitable;whether voluntary or Involuntary;whether by outright sale,deed, Installment sale contract,land contract,contract for dead, leasehold Interest with a term grantor than three(3)years,lease-option contract,or by sale,assignmenL 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 shell not be exercised by Lender If such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LIENS. The following provisions relating to the taxes and liens an the Property are part of this Mortgage: Payment. Grantor shell pay when due(and In all events prior to delinquency)all taxes,payroll texas,special texas, 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 materiel furnished to the Property. Grantor shall maintain the Property free of any Ilene having priority over or equal to the interest of Lender under this Mortgage, ' except for those(lens specifically agreed to In writing by Lander,and except for the lien of texas and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over the obligation to pay,so long as Lender's Interest In the Property Is not jeopardized. If a lien arises or Is filed as a result of nonpayment,Grantor shall within fifteen(IS)days after the lien arises or,If a lien Is filed, within fifteen(16)days after Grantor has notice of the filing,secure the discharge of the Ilan,or It requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to lender In an amount suffoient to discharge the lien plus any costs and reasonable attorneys'fees,or other charges that could accrue as a result of a foreclosure or sale under the Ilan. In any contest Grantor shall defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shell name Lender as an additional obligee under any surety bond fumlehed In the contest proceedings. Evidence of Payment. Grantor shell upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shell 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 fifteen 116)days before any work Is commenced,any services are furnished,or any materials are supplied to the Property,If any mechanic's lien,materlelmen's lien,or other lien could be asserted on account of the work,services,or materiels. Grantor will upon request of Lender furnish to Lander advance assurances satlsfaotory to Lender that Grantor can and will pay the cost of such Improvements. MORTGAGE (Continued) Page 3 PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain pogoies of fire Insurance with standard extended coverage endorsements an a replacement basis for the full insurable value covering all Improvements on the Heal 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 shall maintain such other.insurance,including but not limited to hazard,business Interruption and bolter 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(30)days'prior written notice to Lender and not containing any disclelmer of the Insurer's liability for(allure 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 arty act,omission or default of Grantor at any other parson. Should the Reel Property be located In an area designated by the Director of the Federal Emergency Management Agency ea e special flood hazard area,Grantor agrees to obtain and maintain Federal Rood Insurance,If available,within 46 days after notice Is given by Lender that the Property Is located in a special flood hazard area,for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the maximum policy limits set under the National Rood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lander of any loss or damage to the Property. Lender may make proof of lose If Grantor falls to do so within fifteen 06)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 a 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,than 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 shell be paid to Grantor as Grantor's Interests may appear. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would materially effect Lender's interest In the Property or if Grantor fells 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 duo any amounts Grantor 16 required to discharge or pay under this Mortgage or any Related Documents,Lender on Grantor's behalf may(but shell 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 levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lander for such purposes will then beer Interest at the rote charged under the Note 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 (A) be payable on demand; (e) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy;or (2) the remaining term of the Note;or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will 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 to ownership of the Property are a part of this Mortgage: Tide. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property In tee simple, free and clear of all Icons and encumbrances other then those set forth In the Real Property description or in any title insurance policy,title report,or final this opinion Issued In favor of, and accepted by,Lender In connection with this Mortgage,and (b)Grantor has the full right,power,and authority to execute and deliver this Mortgage to Lender. Defense of This. Subject to the exception In the paragraph above,Grantor warrants and will forever defend the tide to the Property against the lawful claims of all persona. 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 parry 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 Lender 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 shell survive the execution and delivery of this Mortgage,shall be continuing In nature,and shall remain In full force and effect until such time as Grantor's Indebtedness shag be paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding In condemnation Is filed, Grantor shell promptly notify Lander In writing, and Grantor shall promptly take ouch steps as may be'nacassary to defend the action and obtain the award. Grantor may be the nominal party In ouch 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 wig deliver or cause to be delivered to Lander such Instruments and documentation as may be requested by Lender from time to time to permit ouch participation. Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase to lieu of condemnation,Lender may at its election require that ail 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 all actual costs, expenses, and attorneys' teas Incurred by Lender In connection with the condemnatlon. IMPOSITION OF TAXES,FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,fees and charges are a part of this Mortgage: MORTGAGE (Continued) Page 4 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 Ilen on the Reel Property. Grantor shell reimburse Lander for all taxes, ea described below, together with ell expenses Incurred In recording, perfecting or continuing this Mortgage, Including without llmltatlon all taxes, fees, documentary stamps,and other charges for recording or registering this Mortgage. Taxes. The following shell constitute taxes to which this section applies: (11 a specific tax upon this type of Mortgage or upon all or any pert of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note;and (4) e speclflc tax on all or any portion of the Indebtedness or on payments of principal and Interest made by Grantor. Subsequent Taxes. H any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shell have the some effect as an Event of Default,and Lender may exercise any or all of Its available remedies for on Event of Default as provided below unless Grantor either (1) pays the tax before It becomes delinquent,or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander. 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 shell constitute a Security Agreement to the extent any of the Property 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 shell 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 reel 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 shell 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 defaut, Grantor shall assemble any Personal Property not affixed to the Property In a manner end 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 melling addressee of Grantor (debtor) and lender (secured party) from which Information concerning the security Interest granted by this Mortgage may be obtained leech as required by the Uniform Commercial Code)are no 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 will cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender,cause to be filed,recorded,reflled,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 (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents,and (2) the(lens and security Interests created by this Mortgage as first and prior(lens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shell reimburse Lender for all costs and expenses Incurred in connection with the matters referred to in this paragraph. Additional Authorizations. If Grantor falls to do any of the things referred to in the preceding paragraph,Lender 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 shell require Lender to take any such actions. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and 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 termination of any financing statement on file evidencing Lander's security Interest In the Rents end the Personal Property. Grantor will pay,if permitted by applicable low,any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Mortgage: Payment Default. Grantor 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 texas or Insurance,or any other payment necessary to prevent filing of or to effect discharge of any Ilan. Other Defaults. Grantor falls 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 comply with or to perform any term, obligation,covenant or condition contained In any other agreement between Lender end Grantor. Default in Favor of Third Portion. Should 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 effect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents Is false or misleading In any materiel respect, either now or at the time made or fumished or becomes false or misleading at any time thereafter. Defective Collaternlization. This Mortgage or any of the Related Documents ceases to be In full force and effect (Including failure of any collateral document to create a valid and perfected security Interest or lien)at any time and j for any reason. f Death or Insolvency. The death of Grantor,the Insolvency of Grantor,the appointment of a receiver for any part of 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 lawn by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial MORTGAGE (Continued) Page 5 proceeding,salt-help,repossession or any other method,by any creditor of Grantor or by any governmental agency against any property securing the indebtedness. This Includes a garnishment of any of Grantor's accounts, including deposit accounts,with Lender. However,this Event of Default shall not apply If there Is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If 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 an adequate reserve or bond for the dispute. Breech of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that Is not remedied within any grace period provided therein,Including without limitation arty agreement concerning any Indebtedness or other obligation of Grantor to Lender,whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor,endorser,surety, or accommodation party of any of the indebtedness or any guarantor.endorser,surety,or accommodation parry dies or becomes Incompetent, or revokes or disputes the validity at, or liability under, any Guaranty of the Indebtedness. 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. 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 due and payable. UCC Remedies. With respect to all or any pert of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right,without notice to Grantor,to take possession of the Property and,with or without taking possession of the Property,to 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 Grantor 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 Lender'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 In person,by agent,or through a receiver, Appoint Receiver. Lender shalt have the right to have a receiver appointed to take possession of all or any part of the Property,with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale, and to collect 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 a substantial amount. Employment by Lender shell not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part 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, shell be a sufficient warrant;and thereupon a writ of possession may be Issued forthwith, without any prior writ or proceeding whatsoever. Nonjudiciai 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 at 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 12) vacate the Property Immediately upon the demand of Lender. Other Remedies. Lender shall have all other rights and remedies provided In this Mortgage or the Note or available at law or in equity. Sale of the Property. To the extent permitted by applicable law,Grantor hereby waives any and all right to have the Property marshalled. in exercising Its rights and remedies, Lender shell be free to sell all or any part of the Property together or separately,In one sale or by separate sales. Lender shell 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 place of any public safe 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 low,reasonable notice shall mean notice given at least ten 110) days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with any sale of tha Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to make 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 Lander following an Event of Default,or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other cc-maker,guarantor,surety or endorser end/or to proceed against any other collateral directly or indirectly securing the Indebtedness. MORTGAGE (Continued) Page 6 Attorneys'Fees;Expenses. If Lander 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 pert of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses,whether or not there Is a lawsuit,including reasonable 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 fees and title Insurance, to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by low. 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 telefaosimlle (unless otherwise required by low),when deposited with a nationally recognized overnight courier,or,if malled,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 shell be sent to Lender's address,as shown near the beginning of this Mortgage. Any party may change 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 otherwise provided by applicable law,If there Is more than one Grantor,any notice given by Lander to any Grantor is deemed to be notice given to all 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 forth In this Mortgage. No alteration of or amendment to this Mortgage shall 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 pyrposes other than Grantor's residence, Grantor shall fumish to Lender,upon request, a certified statement of ni3t 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 all cash receipts from the Property less all cash expenditures made In connection with the operation of the Property. Caption Headings. Caption Readings in this Mortgage are for convenience purposes only and are not 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 he conflicts of law provisions. This Mortgage has been accepted by Lander In the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the Jurisdiction of the courts of Perry County,Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shell be joint and several, and all references to Grantor shall mean each and every Grantor. 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 under 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's obligations as to any future transactions. Whenever the consent of Lender is required under this Mortgage,the granting of such consent by Lander In any instance shall not constitute continuing consent to subsequent instances where such consent Is required and to all 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 shall not make the offending provision Illegal,Invalid, or unenforceable as to any other person or circumstance. If feasible,the offending provision shall be considered modified so that It becomes legal,valid and enforceable. It the offending provision cannot be so modified,it shall 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 shell 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 of Lander. Successor Interests, The terms of this Mortgage shall be binding upon Grantor,and upon Grantor's halre,personal representatives,successors,and assigns,and shell 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 shell mean amounts in lawful money of the United States of America. Wards 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 shall have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word "Borrower" means Timothy J Hogg and Jane M Hogg and Includes all co-signers and co-makers signing the Note and all their successors and assigns. I 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 health or the environment, Including without limitation the Comprehensive Environmental Response,Compensation,end Liability Act of 1980,as emended,42 U.S.C.Section 9601,at seq.("CERCLA"),the Superfund Amendments and Reauthorization Act of 1986,Pub.L. No.99-499("SARA%the Hazardous Materiels Transportation Act,49 U.S.C.Section 1801,at seq.,the Resource MORTGAGE (Continued) Page 7 Conservation and Recovery Act,42 U.S.C.Section 6901,at 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 Timothy J Hogg and Jane M Hogg. Guaranty. The word"Guaranty"means the guaranty from guarantor,endorser,surety,or accommodation party to Lender,Including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical,chemical or Infectious characteristics,may cause or pose a presem 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 Environmental Laws. The term"Hazardous Substances"also Includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "improvements" mans all existing and future Improvements, buildings, structures, mobile homes affixed an the Real Property,facilities,additions, replacements and other construction on the Reel Property. Indebtedness. The word "Indebtedness" means ail principal, Interest, end other amounts;costa and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lander to discharge Grantor's obligations or expanses Incurred by Lender to enforce Grantor's obligations under this Mortgage,together with interest on such amounts Be provided In this Mortgage. Lander. The word"Lender"means First National Bank of Marysville,Its successors and assigns. Mortgage. The word"Mortgage"means this Mortgage between Grantor and Lander. Note. The word"Note"means the promissory note dated May 17,2olo,In the original principal amount Of $2,800,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of,and substitutions for the promissory rote or agreement. The maturity date of the Note Is May 14,2020.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment,fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with.all accessions,parts,and additions to, all replacements of, and all substitutions for,any of such property; and together with all proceeds pncluding 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 words"Real Property"mean the real property,interests and rights,as further described in this Mortgage. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, ban agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, 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,Jssues, 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 IS INTENDED THAT THiS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X (Seat) Timothy J Hogg X (Seal) Jana 11111-1009 CERTIFICATE OF RESIDENCE I hereby certify,that the precise address of the mortgagee,First National Bank of Marysville,heroin Is as follows: a division of Riverview National Bank,200 Front Street,PO Box B,MarvsvU ,PA 17 58 Attomey or Agent for Mortgagee MORTGAGE (Continued) page 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) /I-- )SS COUNTY OF A tm P✓!a#d ) n thi�,the /A day of MCI(/ 20/0 before me the undersigned Notary Pu c,personally appeared Timothy J Hogg end Jena M Hogg. mown to me(or satisfactorily proven)to be the person whose names are subscribed to the thin instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof,I hereunto set my hand and official seal. =0IMPHPI F PENNSYLVANIA l Seal,flafary Public mb eriandCounty Notary Public In end for tha ate o ?A s March 27 2014 Member.PennsYlvanla Amocl tlar a Notaries LASER PRO Lending,Vet.5.49.10.002 Capt.Harland FInencial Solutions,Inc.1997,2010. All Rights Reserved. - PA K:\CFIILPLW03.FC TR-3225 PR-26 DGMIT"A" 107&109 East Main Street,Shiremanstown Parcel No.37-23-0555-131 ALL THAT CERTAIN tract or parcel of land and premises,situate,lying and being in the Borough of Shiremanstown in the County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows: BEGINNING at a point on the north side of Main Street at a line of lands now or formerly of Samuel S.Black and S.Andrew Black,co-partners; thence along said lands now or formerly of Black northwardly one hundred sixty-eight(168)feet to Strawberry Alley; thence eastwardly along said Strawberry Alley eighty-sic(86)feet and one(1) inch,more or less,to lands now or formerly of Joseph A.Willis; thence along said lands now or formerly of Joseph A.Willis in a southerly direction one hundred sixty-seven (167)feet and six(6)inches,more or less,to said Main Street; thence along said Main Street in a westwardly direction eighty-six(86)feet and one(1)inch,more or less,to the point and place of BEGINNING. HAVING THEREON ERECTED two(2)apartment buildings known and numbered as 107&109 East Main Street,Shiremanstown,Pennsylvania. TOGETHER WITH AND SUBJECT to the right and privilege of the owners and occupiers of the adjoining property on the west side of the within conveyed premises to use the passage way on the west side of the property herein conveyed in common with each other for ingress,egress and regress to and from the properties known and numbered as 105&107 East Main Street,Shiremanstown,Pennsylvania. BEING THE SAME PREMISES which Marc W.DePaul,single individual,by Deed dated April 21, 1997 and recorded in Book 156,Page 284 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto William P.Hogg,Grantor herein. EXHIBIT"A" 107- 117 South Third Street,Lemoyne Parcel No. 12-21-0265-275 ALL THAT CERTAIN lot or piece of land situate in the Borough of Lemoyne, County of Cumberland,and State of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the northwest corner of Third Street and Apple Alley; thence in a northerly direction along the western direction along a line parallel with Apple Alley 100 feet to a point on the line of lands now or formerly of Levi Sprecher; thence in a southerly direction along the last mentioned lands 75 feet to a point on the northerly line of Apple Alley; thence in a easterly direction along the northern line of Apple Alley 110 feet to a point and place of BEGINNING. BEING the southern half of Lots Nos. 108,109 and 110,Block C on Plan No. 1, Riverton,Pennsylvania,said Plan being recorded in the Cumberland County Recorder's Office in Deed Book"J",Volume 4,Page 40. HAVING THEREON ERECTED a two story frame apartment buildings known as 107- 109 South Third Street,Lemoyne,Pennsylvania. BEING THE SAME PREMISES which Michael A.Serluco,single person,by Deed dated December 14, 1998 and recorded in Book 191,Page 135 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto Timothy J.Hogg and Jana M.Hogg,husband and wife(99%interest)and William P.Hogg(I%interest),Grantors herein. EXHIBIT"A" 5 Adams Street,Enola Parcel No.09-15-1291-298 ALL THAT CERTAIN lots or pieces of land situate in East Pennsboro Township,Cumberland County,Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point at the spike on the northerly line of Adams Street,said point being at the line of adjoinder between Lots Nos. 134 and 135 of the hereinafter mentioned plan of lots; thence by the said line of Adams Street,South 73 degrees 30 minutes 00 seconds West,200 feet to a point at a stake; thence by the easterly line of Lot No. 143 North 16 degrees 30 minutes 00 seconds West, 150 feet to a point at a stake; thence by the southerly line of Monroe Street(unopened)North 73 degrees 30 minutes 00 seconds East 200 feet to a stake; thence by the westerly line of Lot No.134 South 16 degrees 30 minutes 00 seconds East, 150 feet to a point and place of BEGINNING. THE ABOVE description is taken from a survey of the premises by Ernest J. Walker,Registered Professional Engineer,dated October 7,1975. BEING Lots Nos. 135, 136, 137,138,139,140,141,and 142 of the Plans laid out by John Q.Addams and Joseph Pyne,said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1,Page 17. HAVING THEREON ERECTED a building known as 5 Adams Street. BEING THE SAME PREMISES which became vested in William C.Smith,by Deed dated July 26,1996 and recorded in Book 143,Page 460 at the Cumberland County Recorder of Deeds Office. Paula K.Smith,wife of William C.Smith,joins in this conveyance to convey and rights,title or interest she may have in said premises,Grantors herein. EXHIBIT"A" 211 Market Street,New Cumberland Parcel No.25-25-0006-321 ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County,Pennsylvania,more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Market Street,which said point is the division line between property herein described and property now or late of the Susquehanna Wollen Company and which said point is 90 feet more or less south of the southeastern comer of Market Street and a 16 feet wide alley; thence eastwardly along the land now or late of the Susquehanna Wollen Company 150 feet to a 16 feet wide alley; thence southwardly along the western side of said 16 feet wide alley 39 feet more or less to property now or late of Shook; thence westwardly along said Shook property a distance of 150 feet to Market Street; thence nouthwardly along the east side of Market Street 39 feet more or less to a point and place of BEGINNING. BEING known and numbered as 211 Market Street. UNDER AND SUBJECT,NEVERTHELESS to restrictions,conditions and easements of prior record pertaining to said premises. BEING THE SAME PREMISES which Cynthia Morrow,widow,by Deed dated April 21, 1995 and recorded in Book 121,Page 182 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto Michael L.Lowry and leleen M. Lowry,husband and wife,Grantor herein. EXHIBIT"A" 304—314 Market Street,Lemoyne Parcel No.12-21-0265-151 ALL THAT CERTAIN tract or parcel of land,situate in the Borough of Lemoyne,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Market Street,at the intersection of said line with the line of lands now or late of T.W.Tillman,said point being at a distance of 42.5 feet,more or less,measured in a westerly direction from the westerly line of Third Street; thence along lands now or late of T.W.Tillman,South 24 degrees East 190.75 feet,more or less,to a point on the right of way line of The Pennsylvania Railroad Company; thence along said right of way line,South 55 degrees West 92.5 feet to a point; thence along lands formerly of George W.Stoey Estate,North 24 degrees West 208.4 feet,more or less,to a point on the southerly line of Market Street; thence along Market Street,North 66 degrees East 90.8 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a three-story brick and stone building,being Nos.304 to 314 Market Street,Lemoyne,Pennsylvania. TOGETHER with the rights of the Grantor,their heirs and assigns,and the occupants of the hereindescribed premises,to the full and free use of a private driveway or easement 20 feet in width extending from Market Street to The Pennsylvania Railroad Company right of way in common with the owners and occupiers of the premises adjoining on the West,said right of way adjoining the western line of premises hereindescribed. BEING THE SAME PREMISES which Jay B.Shoop and Janet L.Shoop, husband and wife,by Deed dated February 2,1977 and recorded in Book Z-26,Page 847 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto John Y. Khouri and Therese Khouri,husband and wife,Grantors herein. EXHIBIT"A" 316&318 Fifth Avenue,New Cumberland Parcel No.25-24-0811-095 ALL THAT CERTAIN three lots of land situate in the Borough of New Cumberland,County of Cumberland and State of Pennsylvania,designated and known as Lots Nos.37,37 and 38 in the General Plan of Mary A.and David R.Kebaugh's Addition to the Borough of New Cumberland,as the same appears in Cumberland County Plan Book 1,Page 6,and more particularly bounded and limited as follows,to wit: BEGINNING at the southwest comer of Locust and Chestnut Avenue; thence westwardly along the line of Chestnut Avenue,93.5 feet to the line of a 10 feet wide alley; thence southwardly along the line of said alley, 121.15 feet to another 10 feet wide alley; thence eastwardly by the line of the last mentioned alley,106.49 feet to Locust Avenue; thence northwardly along the line of said Locust Avenue, 120.15 feet to a point on Chestnut Avenue,the point and place of BEGINNING. BEING Lots Nos.36,37&38 in the said Kebaugh Plan aforementioned and being improved with a four-unit apartment building. BEING THE SAME PREMISES which Marjorie G.Warfield,widow,by Deed dated January 31,1986 and recorded in Book S,Volume 31,Page 332 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto John E.Simonton and Rebecca G.Simonton,husband and wife. Rebecca G.Simonton died April 17,1993, whereupon sole title to said premises became vested in John E.Simonton,by virtue of the doctrine of survivorship incident to tenancies by the entireties. John E.Simonton subsequently married Barbara H.Simonton,who joins as grantor,Grantors herein. EXHIBIT"A" 2109&2117 Princeton Avenue,Camp Hill Parcel No.01-22-0535-096 ALL THAT CERTAIN two tracts of land situate in the Borough of Camp Hill,County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows,to wit: TRACT NO.1, BEGINNING at a point on the south side of Princeton Avenue at the dividing line between Lots Nos.4 and 5 on the Plan of Lots referred to hereinafter which said point is also referenced South 82 degrees 36 minutes West,a distance of 81.82 feet measured along the southern side of Princeton Avenue from the western side of 21"Street; thence by said last mentioned dividing line South 03 degrees 00 minutes East,a distance of 108.44 feet to a point; thence along the Expressway Route No.767(erroneously referred to as Route No.67 in prior deeds of record)South 87 degrees West,a distance of 300 feet to a point; thence North 03 degrees 00 minutes West,a distance of 100 feet to a point on the southern side of Princeton Avenue; thence along the southern side of Princeton Avenue North 87 degrees 00 minutes East,a distance of 180 feet to a point; thence continuing along the southern side of Princeton Avenue by a curve to the left having a radius of 260.31 feet,an arc distance of 19.99 feet; and thence continuing along the southern side of Princeton Avenue North 82 degrees 36 minutes East,a distance of 100.32 feet to a point and place of BEGINNING. BEING Lots Nos.5,12,13,and 20 on the Plan of Section I of Fiala Farms recorded in Plan Book 12,Page 52. HAVING THEREON ERECTED two apartment houses known and numbered as 2109 &2117 Princeton Avenue,Camp Hill,Pennsylvania. TRACT NO,2: BEGINNING at a point on the south side of Princeton Avenue,which said point is at the western line of Lot No.20 on the plan of lots referred to hereinafter, thence by the western line of said Lot No.20 South 03 degrees East,a distance of 100 feet to a monument; thence along the Expressway Route No.767,South 87 degrees West,a distance of 25 feet,more or less,to a point; thence along lands now or late of Fred Fiala,et ux,North 03 degrees West,a distance of 100 feet to a point on the south side of Princeton Avenue; and thence along the south side of Princeton Avenue North 87 degrees East,a distance of 25 feet,more or less,to the western line of said Lot No.20,the point and place of BEGINNINIG. SAID TRACT being an unnumbered tract of land located between the western side of Lot No.20 and the western boundary of the Plan of Section I of Fiala Farms recorded in Plan Book 12,Page 52,Cumberland County records. UNDER AND SUBJECT,NEVERTHELESS,to conditions,restrictions,easements, and rights-of-way of record. BEING THE SAMM PRENIISES which Herbert C.Moore,Michael H.Schaeffer, Richard W.Moore,and Michael J.Greene,by Deed dated June 9,1987 and recorded November 6,1987 in Book A,Volume 33,Page 659 at the Cumberland County Recorder of Deeds Office, granted and conveyed unto David W.Reager and Theodore A.Adler,Co-Partners,t/d/b/a Princeton Properties,Grantors herein. ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY r,. 1 COURTHOUSE SQUARE ' s!___•_ as -.. �- CARLISLE,PA 17013 717-240-6370 _- Instrument Number-201012969 Recorded On 5/19/2010 At 3:48:54 PM *Total Pages-16 •Instrument Type-MORTGAGE Invoice Number-65871 User ID-KW •Mortgagor-HOGG,TIMOTHY J •Mortgagee-FIRST NATIONAL BK OF MARYSVILLE •Customer-CAPITAL AREA "FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $33.50 RECORDER OF DEEDS This page is now art PARCEL CERTIFICATION $70.00 P g P FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $144.00 I Certify this to be recorded in Cumberland County PA yQp CU1q@ , O �/ RECORDER O D EDS '-Information denoted by an asterisk may chnnge during the verification process and may not be reflected on this page. TEL II IRI�II�II�II1��I��Illl�l�Il I (}(� ASn88MOFFICE •�� Parcel mb Identification 27-000-05-0072.00-0000 *110 Svrr►twe!Land, P" Gae.ber(rwt) 0932913 RECORDATION REQUESTED BY: First National Bank of Marysville a division of Riverview National Bank 200 From Street PO Box 8 MwysvMo,PA 17053 WHEN RECORDED MAIL TO: First National Bank of Marysville e division of Riverview National Bards 200 From Street PO Box B Marysville,PA 17053 SEND TAX NOTICES TO: First Nodono Bank of mw"villo a division of Riverview National Bank 200 From Street PO Box e Maasville.PA 77063 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $2,800,000.00 THIS MORTGAGE dated May 17, 2010, is made and executed between Timothy J Hogg and Jane M HoggNusband and Wife,whose address Is 322 Equus Drive, Camp Hill, PA 17011 (referred to below as "Grantor") and First National Bank of Marysin'Oe(whose address is 200 Front Street,PO Box B,Marysville,PA 17053(referred to below as"Lander"). GRANT OF MORTGAGE. For valuable owsideradon. Grantor grants, bargains, sells, convoys, 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, heredkoments,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 rights); and all other rights, royalties, and profits relaying to the real property, Including without limitation all minerals,oil,gas,geothermal and similar matters,(the"Real Property")located in York County, Commonwealth of Pennsylvania: See Exhibit A. which is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real property or Its address Is commonly known as 110 Summer Lane,New Cumberland, PA 17070. The Real Property parcel Identification number is 27-000-05-0072-00.00000. Grantor presently assigns to Lender all of Grantor's right,title,and Interest In and to all present and future leases of the Property and all Rents from the Property. In addition,Grantor grants to Lander a Uniform Commercial Coda security interest in the Personal Property and Rents. THIS MORTGAGE,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURnY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF$2,800,000.00,THE RELATED DOCUMENTS,AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shag be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default Grantor may (1) remain in possession and control of the Property; (2) use,operate or menage the Property;and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property In tenantable condition and promptly perform all repairs, i replacements,and maintenance necessary to preserve its value. Compliance With Exwkomnontel Laws. Grantor represents and warrants to Lender that: It) During the period of Grantor's ownership of the Property,there has boon no use,generation,manufacture,storage,treatment,disposal, release or threatened release of any Hazardous Substance by any person on,under,about or from the Property; 121 Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lander in writing, (a) any breach or violation of any Environmental Laws, lb) any use, generation manufacture,storage,treatment,disposal,release or threatened release of any Hazardous Substance on,under,about or from the Property by any prior owners or occupants of the Property,or (c) any actual or threatened Irrgation or claims of any kind by any person relating to such matters;and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor nor airy tenant,contractor,agent or other authorized user of the Property shall use,generate,manufacture,store,treat dispose of or release any Hazardous Book 2075 Pace 4743 Parcel Identifi;ation Number: 37.23-08119-131; o01TEL 12.21-0265-276; 09-15.1291-288; 25-25-0006-021: 12-21-0265.161; 25-240911-095: 011-72-0536-096 RECORDATION REQUESTED BY: First Nedonai Back of Marysville a dhNslon of Riverview Nadorw a" 200 Front SVW Po Boor B Marysville,PA 17053 WHEN RECORDED MAIL TO: First Nations!Bank of Merysvpa a dMslon of Riverview Naaonai Beek 200 Front Bova PO Box B Marysville.PA 17063 SEND TAX NOTICES TO: First National Bank of Marysville a division of Riverview National Bank 200 fyprt Street PO Boa B Marysville.PA 17063 FOR RECORDER'S USE ONLY MORTGAGE Amount Secured Hereby: $2,800,000.00 THIS MORTGAGE dated May 17, 2010, is made and executed between Timothy J Hogg and Jana M Hogg, Husband and Wits, whose address is 322 Equus Drive, Camp Hill, PA 17011 (referred to below as "Grantor") and First National Bank of Marysville, whose address is 200 Front Street,PO Box B,Marysville,PA 17053(referred to below as"Lender"). GRANT OF MORTGAGE For valuable oomklaretion. G.-oux grants, bargains, sells. conveys, assigns, transfers, releases,confirms and mortgagee to Lender oil of Grantor's right,tide,and Interest in and to the following described real property,together with MI existing or subsequently erected or affixed buildings. Improvements and fbMses; all streets, lanes, alleys, passages, and ways; all easements, rights of way, as liberties, privileges, tenements, heredkaments,and appurtenances thereunto belonging or anywise made appurtenant hereafter,and the reversions and remainders with respect thereto;NI water•water rights,watercourses and ditch rights(Including stock In utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relatin to the real pproroppeerty, including without limitation all mkerale,oil,ass,geothermal and elmllar matters, (the'Real�roperty")focated In Cumberland County,CommonwetMm of Pennsylvania: See Exhibit A, which Is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or Its address is commonly known as 107-109 E. Main Street Shiremanstown PA 17011. 107-117 S. 3rd Street, me PA 17043' 5 Addams Street Enola, PA 17025; 211 Market Street, New Cuumberland, �A 17070• 304-314 Market Street, Lemoyne, PA 17043; 316-318 5th Avenue, New Cumberland. PA 17070; 2109-2117 Princeton Avenue, Camp HID PA 17011. The Real Property parcel identification number is 37-23.0656-131; 1241-0265-275; 09-15-1291-298• 25-25-0006-321; 12-21-0265-151; 25.24-0811-095;01-22-0535-096. Grantor presently assigns to Lender all of Grantor's right,title,and interest in and to all present and future leases of the Property and ell Rants 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.18 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF 32.800,000.00,THE RELATED DOCUMENTS.AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwiso provided in this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shag be governed by the following provisions: Poawasbn and Use. Until the occurrence of an Event of Default,Grantor may (1) remain in possession and control of the Property; (2) use,operate or manage the property;and (3) collect the Rents from the Property. Duty to Maintain. Grantor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements.and maintenance necessary to preserve its value. MORTGAGE (Continued) Page 2 Compltanos With Env[rordnantel Laws. Grantor represents and warrants to Larder dut: (1) During the period of Grantor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment.disposal, release or threatened release of any Hazardous Substance by any person on,under,about or from the Property; 12) Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lander in writing, (a) any breech or violation of arty Environmental Laws, (b) any use, generation,manufacture,storage,treatment disposal,release or threatened release of any Hazardous Substance on,under,about or from the Property by any prior owners or occupants of the Property,or (cl any actual or threatened litigation or claims of any kind by any person relating to such matters;and 131 Except as previously disclosed to and acknowledged by Lander In writing, (a) neither Grantor nor any tenant,contractor,agent or other authorized user of the Property shell use,generate,manufacture,store,treat,dispose of or release any Hazardous Substance on,under,about or from the Property;and Ib) any such activity shell be conducted in compliance with oil applicable federal, state, end local taws, regulations and ordinances, Including without Ilmltatlon all Erwlronmental laws. Grantor authorizes Larder 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 shell be for Lender's purposes only and shall not be construed to crests any responsibility or liability on the pert of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due di igenee in Investigating the Property for Hazardous Substances. Grantor hereby (1) releases end waives any future claims against Lander for indemnity or contribution In the event Grantor becomes liable for cleanup or other costa under any such laws;and (2) agrees to Indemnity,defend,and hold harmless Lender against any and all claims,bases, liabilities,damages,penalties,and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breech 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 some was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to Mdenxrify,and defend,shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the Mn of this Mortgage and shag not be affected by Lender's acquisition of any interest In the Property,whether by foreclosure or othwwlss. Nuisance,Waste. Grantor shell 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 f ranting the generality of the foregoing,Grantor will not rennove,or grant to any other party the right to remove,any timber,minerals(including oil and gas),coal,day,scoria,son,gravel or rock products without Larder's prior written consent. Removal of Improvamsnts. Grantor shag not demolish or remove any Improvements from the Reel 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 at least equal value. Lwnda'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 Impeet the Real Property for purposes of Grantor'$ compliance with the terms end 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 iimitstbn,the Americans With Diaabilttiss Act. Grantor 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 Lander in writing prior to doing to and so"as,In Lender's sole opinion,Lender's interests In the Property are not Jeopardized. Lander may require Gramor to post adequate security or e 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 otter acts.In addition to those acts set forth above In this section,which from the character 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 an sums secured by this Mortgage upon the sale or tim for,without Lendsr'a prior written consent of an or any part of the Real Property,or any Interest in the Real Property. A'safe 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 safe contract,land contract,contract for deed,leasehold interest with a term greater than three(3)years,lease-option contract,or by sale,assignment,or transfer of any beneficial interest in or to any land bust 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 If such exercise Is prohibited by federal low or by Pennsylvania few. TAXES AND LIENS. The following provisions relating to the texas and lien on the Property are pert of this Mortgage: Payment. Grantor shag pay when due(and in an events prior to delinquency)all taxes,payron taxes,special taxes, assessments,water charges and sower service charges levied against or on account of the Property,and shell pay when due an claims for work done on or for services rendered or material furnished to the Property. Grantor shell malntaln the Property free of any Ilem having priority over or equal to the Interest of Lender under this Mortgage, except for those Rena specifically agreed to In writing by Lender,and except far the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax,assessment or claim in connection with a good faith dispute over the obligation to pay,so king as Lender's interest In the Property Is not Jeopardized. If a lion arises or Is filed as a result of nonpayment Grantor shall within fifteen(18)days after the Ran arises or,H a Den Is filed, within fifteen(tic)days after Grantor has notice of the fling,secure the discharge of the Ren,or if requested by Lender,deposit with lender cash or a sufficient corporate surety bond or other security satisfactory to Lander in an amount sufficient to discharge the Ibn plus any costs and reasonable ettomeye'fees,or other charges that could accrue as a result of a foroctosuro or sale under the Wn. In any contest Grantor shell defend Itself and Lender and shag satiety any adverse Judgment before enforcement against the Property. Grantor than name Lander as an add'dbel obligee under any surety bond fumlahed in the contest proceedings. Evidence of Paymarm. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deriver to Lander at any time a written statement of the taxes and assessments against the Property. Nike of Construction. Grantor shag notify Lander at least fifteen 1161 days before any work is commenced,any services are furnished,or any materiels are supplied to the Property,if any mechanic's Ilen,materielmen's lien,or other Ran could be asserted on account of the work,services,or materials. Grantor win upon request of Lander furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. MORTGAGE (Continued) Page 3 PROPERTY DAMAGE INSURANCE. The following provisions rallating to Insuring the Property are a part of this Mortgage: 1101-Interm of fnaurarics. Grantor shall procure and maintain policies of fire Insurance with standard extended coverage arid., mom on a replacernent basis for the full Insurablis value covering all Improvements on the Real Property In an mount sufficient to avoid application of arTV coinsurance clauso,end with a standard mortgagee clause In favor of Lander. Gramor shall also procure anid maintak comprahomivo general liability Insuranco In such cOm"08 d"ums as Lander may request with Lender being named as additional Insureft In such liability Insurance Policies. Additionally.Grantor shall maintain such other Imurtmes.including but not limited to hazard,business Interruption and boiler Insurance as Lander may require. Policies shag be written by such insurance companies and In such form as may be reasonably acceptable to Lander. Grantor shall deliver to LaMar cartificates of coverage from earch Insurer containing a stipulation that coverage will not be osricallord or dillmnishad without a mWmurn of thirty(30)days'prior written notice to Lefxfor and not containing any disclaimer of the Insurst's liability for fellure to give such notice. Each Insurance policy also shall Include an endorsement providing that coverage In favor of Lander will rot be Impaired In a"way by any act omission or d~Of Gnantof or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Managermon Agency as a special flood hazard ares,Grantor agrotm to obtain and maintain Federal Flood Irmxnarres,If mailable,within 45 do"after notice Is given by Lender that the Property Is located In a special flood hazard wee,for the full unpaid principal balance of the loan end any prior florts on the property securing the loan,Lip to the maximum policy limits act under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such Insurance for the term of the loan. Application of Pi . Grantor"I promptly notify Lander of arry loss or damage to the Property. Lender may make Proof Of 10"If Grantor Jana to do so within fifteen 0 5)dew of the casualty. Whether or not Landoes security Is Impaired,Lander may.at L~e eleadon,me"and retain the proceeds of any Insurance and apply the p, to the reduction of the Indebtedness,payment of any Dan affecting the Property,or the restoration and reptIr of the Property. If Lander elaces to apply the PrOCOOde to restoration and repair,Grantor shall repair or replace the damaged or destroyed Improvements In a marmer satisfactory to Lander. Lander shall, upon satisfactory Proof of such expenditure,pay or reimburse Grantor from the proceeds for the reasonable cm of repair or restoration If Grantor is not in default urKw this Mortgage. Any proceeds which he"not been disbursed within 180 days after their receipt ant!which Lender has not committed to the repair or rearorration of the Property shall be used firart to pay any amount owing to Lancler wAsr this Mon",then to pay accrued Interest and the remainder,If any,shall be applied to the principal balance of the Indebtedness. If Lender hokis any proceeds after payment In full of the Indebtedness,ouch proceeds shall be paid to Grantor as Grantor's Interests may appear. LENDER'S EXPENDITURES. If any action or proceeding Is commenced that would marte"IV alfee Lender's Interest In the Property Or If Grantor fails to comply with any Provision of this Mortgage or any Related Documem,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 Related Documents,Lander on Grantor's behaff may&it shall riot be Obligated to)take any action that Lender dearma appropriate, Including but not limited to discharging or Paying all taxes,liens,security hwasts, encumbrances wxf other claims, at any tkno Wed or placed on the Property and paying all costs for Insuring, maintaining and preserving the property. AN such expenditures Incurred or paid by Lander for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lander to the dew of repayment by Grantor. An such expenses will become a part of the Indebtadness mid,at Lender's option,will (A) be payable on demai ; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment Payments to become due during either (1) the term of arry applicable lnounmce policy,or 42) the remaining tom. of the Note;or (C) be treated as a balloon payment which V411 be due and payable at the Notes maturity. The Mortgage also will secure Payment of these smourft- Such right shall be In addition to all other rights and remedies to which Lander may be anthled upon Default. Grantees obligation to Lander for all such expens"shall survive the entry of any mortgage foreclosure judgment. WARRANTY;DEFENSE OF TITLE. The following provisions;refuting to owrorship of the property am&part of this Mortgage: This. Ore., r warrants that: (a)Grantor hoide good and marketable thle of record to the Property In fee simple, free and clear of all liens and encumbrances other then tho set forth In the Real Property description or In any thdo Insurance policy,title report,or final Iftle opinion Issued in favor of,and accepted by�Lender In cormection with this Mortgage,and (b)Grantor has the fun right,power,and authority to execute and deliver this Mortgage to Lander. Defense of Tilde. Subject to the oxception In tha paragraph above,Grantor warrants and win forever defend the title to the Property agehM the lawful claims of all persons. In the event my action or proceeding is commenced that questions Grantor's title or the Interest of Lander under this Mortgage,Grantor shag defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lander shag be entitled to partilcipatO in the proceeclilng and to be represented In the proceeding by counsel of Lenders own choice,and Grantor will deliver,or cause to be delivered,to Lander such Instruments as Lender may request from,time to time to permit such participation. COmPENKS With Laws. Grantor warrants that the Property and Grantor's uss of the Property complies with all existing applicable laws,ordinances,and regulations of governmental authorities. Survive!of RePrOsentati"OW Warranties. All representations,warranties,and agreements made by Grantor in Oft Mortgage shall survive the execution and deffmary of this Mortgage,shall be continuing In nature,and"I remain In tug force and effect until such time as Grantor's Indebtedness shall be paid In full. CONOWNATION. The following pnovislom relating to condemnation Proceedings ore a part of ilk Mortgage: Proceedings. If any proceeding In condemnation Is filed, Gien r shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action wx!obtain the award. Grantor may be the nomrinal party in such proce"ng,but Lander shall be entitled to parftpate In the proceeding and to be represented In the proceeding by counsel of its own choice,and Grantor win deliver or cause to be delivered to Lander such Instruments and documentation as may be requested by Lender from time to dme to permit such participation. Applicefloot of Not Proceeds. If all or any part of the Property Is condemned by eminent domain Proceedings or by any procrearding or purchase In nou of condemnation,Lender may at its election reQuire that all or any portion of the net procareds 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 an actual coots,expenses, and stbmwol fees Incurred by Lander In connection with the condemnation. IMPOSITION OF TAXER,FMS AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes,is"end charges are a part of this Mortgage: MORTGAGE (Continued) Page 4 Current Tames,Few and Charges. Upon request by Lander,Grantor shag execute such documents In addition to this Mortgage and take whatever other action Is requested by Lander to perfect erd continue Lender's lien on the Real Property. Grantor shell reimburse Lender for as taxes, as dmcribed 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 an or any part of the Indebtedress waned by this Mortgage; (2) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Irdebtednew secured by this type of Mortgage; (3) a tax on thh type of Mortgage chargeable agatnat the Lender or the holder of the Note;and (4) a apeclflc tax on an or any portion of the Irdebtedness or on payments of Principal and inum t made by Grantor. Subsequent Taxes. If any tax to which this section*Pon is enacted aubaequent to the date of this Mortgage, this event shag have the same affect as an Event of Default,end Lander may exercise any or all of its available remedies for an Event of Default as provided below rsdess Grantor either 41► pays the tax before It becomes delingwmt,or (2) contests the tax as provided above in the Taxes and Lou section and depost%wfth Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander. SECURITY AORE HW-.FINANCM STATEMENTS. The following provisions roleting to this Mortgage as a security agreement are a pert of this Mortgage: Searhy Agresmant. This Inatnrmem shell conetitus,a Security Agreement to the extent any of the Property constitutes fixtures,and Lender shall have all of the tights of a secured party under the Uniform Commercial Code as amended from time to time. SQOWhY Interest. Upon request by Larder,Grantor shell take whatever action is requested by Lender to perfect and contlrae Lender's security interest in the Rem and Personal Property. In addldon to recording this Mortgage M the real property records,Lower may,at any time and without further authorization from Grantor,fie executed counterparts,ooples or reproductions of this Mortgage ss a financing StatenleftL Grantor shag reimburse Lender for all expenses incurred In perfecting or continuing this security,Interest. Upon default,Grantor shill 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 larder wW make it avegable to Larder within three (3) days after reeelpt of written demand from Lender to the ex tent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lower (stewed party) from which Information conoeming the security interest granted by this Mortgage may be obtained(each as required by the Uniform Commercial Code)ere as stated on the first page of this Mortgage. FURTHER ASSURANCES;ADDITIONAL AUTNGRt2AT10NS. The following provisions relating to further assurances and additional euthotlzadora as a part of this Mortgage: Pt~Assurances. At any time,and from time to time,upon request of Lender,Grantor will make,execute and deliver,or will cause to be made,executed or dai"mcf,to Lender or to Lamb's designee,and when requested by Lender,cause to be filed,recorded,rOled,or rerecorded,as ON ease may be,at such times and In such offices and places as Lander may deem appropriate,any end all such mortgages,deeds of tarot,security deeds,security agreements, financing statsrnams, comknustlon statements, Instruments of further assurance, certificates, and *that documents as may,in the sole opinon of Lander,be necessary or deatrebW in order to effectuate,complete, perfect, continue, or preserve (11 Grantor's obligations under the Note, that Mortgage, and the Related Documerna, and (2) the Ilene and security Interests created by this Mortgage as first and prior got on the Property,whether now owned or hersefter acquired by Grantor. Unless prohibited by few or Lander agrees to the contrary In writing, Grantor shag reimbusee Lacier for all coats and expenses incurred In connection with the matters referred to In this paragraph. AdditionM Authorizations. if Grantor fags to tic any of the things referred to in the preceding paragraph.Lander may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably authorizes Larder to make,execute,deliver,file,record and do all other things as may be necessary or dealt", In Lender's sole opinion,to accomplish the matte referred to in the preceding paragraph. it Is urklerstood that nothing set forth herein shall require Lander to take any such actions. FULL PERFORMANCE. If Grantor pay ON the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage,Lander shell execute and deliver to Grow r a suitable satisfaction of this Mortgage and suitable statements of termination of any financing statement on file evidencing Lender's security interest M the Rents and the Personal Property. Grantor wig pay,ff permttud by applicable low,any reasonable termination fee as determked by Lender from time to time. EVENTS OF DEFAULT. Each of the following, at Lender's option, shell constitute an Event of Default under this Mortgage: Payment Delbu t. Grantor fails to melee any payment when due under the indebtedness. Default an Other taxes or Insurance,of any other psymemrerncessary to prevent filkg oaf or to effect discharge make cry payment Mr rye any lion. Other Defaults. Grantor IBM to comply with or to parlor, any other term, obligation,covenant or condition contained In this Mortgage or M my of the Related Documents or to comply with or to perform any term, obligation,covenant or contrition contained in srry other agreement between Landw end Grantor. Dehwh In Favor of Third Parties. Should Grantor default under amt loan,extension of credit,security agreement, purchase or Was sgreement,or cry other agreement,In favor of arty other creditw or person that may materially affect any of Grantoef property or Grantor's ability to repay the Indebtedness or Grantors ability to perform Grantor's obligations under this Mortgage or any of the Related Documents. Fabt Statements. Art warranty, representation or statement made or fumfsied to Lender by Grantor or on Grantor's behalf under this Mortgage or the Related Documents Is false or misleading In any material respect, either now at at the time made or furnished or becomes(ales or misleading at any,Noe thereafter. Defective Cdsterslkstlon. This Mortgage or arty of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or fen)at any time and for any mason. Death or Insolvency. The death of Oremor,the broolvency of Grantor,the appointment of a receiver for any part of Grantor's property, arty assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by on against Grantor. Creditor or Forblture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial MORTGAGE (Continued) Page b Proceeding,selMtelp,repossession or arty other method,by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grarrtor'e accounts, Including deposit accounts,with Lender. However,this Event of Default shall not apply if there is a good faith dkputa by Grantor as to the va"or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding end if Grantor gives LaMar written notice of the creditor or forfeiture procoedkV and deposits with Lender monles or a surety bond for the creditor or forfeiture proceeding,In an amount determined by Leader,in Its sole discretlen,as being an adepuats reserve or bond for the dispute. Breach of Other Agresmarrt. Any branch by Grantor under the tams of any other agreement between Grantor and Larder that is not remedied within any grace period provided therein,including without 11mitaft any agreement concerning any indebtedness or other obligation of Grantor to Lender,whether existing now or later. Ewms Af safirg Guarantor. Arry of the preceding events occurs with respect to any guarantor,endorser,surety, or accommodation party of any of the Indebtedness or arty guarantor,endorser,surety,or ecoommodadon party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Chow. A materiel 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 keecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Ewell of Default and at any time thereafter,Lender, at Lander's option,may exercise any one or more of the following rights and remedies,in addition to any other rlghta or remedies provided by law: Accelerate htdabtedxwaa. Larder shall have the right at its option, after giving such notices as required by applicable law,to declare the entire Indebtedness lmnxedlately due ad payable. UCC R . With respect to erg or any pert of the Personal Property, Lender shall have all the rights and remedies of a"cured party under the Uniform Commercial Code. Calm Rama. Larder shag have the right,without notice to Grantor,to take possession of the Property and,with or without taking possession of the Property,to collect the Rents,including amounts past due end 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 usw of the Property to make payments of rem or use fees directly to Lender. If the Rents are collected by Lender,then Gremor Irrevocably authorizes Lender to ardorse Instruments received in payment thereof In the name of Grantor and to negotiate the same and conoct the proceeds. Payments by terser. or other users to Lender in response to Larder's demand shag satisfy the obligations for wixicch the payments are made,whether or not any proper grounds for the demand existed. Larder may exercise he rights under this subparagraph either in person,by agent,or through a receiver. Appoint Rareivei. Lender shell have the right to have a reeahvar appointed to take possession of all or any pert of the Property,with the power to Protect and Preserve the Property,to operate the Property preceding foreclosure or ask, end to collect the Rome from the Property and apply tin proceeds, over end above the cost of the receivership,against the Indebtedness. The reaelvw may am"without bond If permitted by law. Lender's right to the appointment of a receiver shag exist whether or not the apparent value of the Property exceeds the tndobtedrross by a subetamkI amount. Employment by Larder shall not disqualify a person from serving as a receler. Judicial Foreclosure. Lender may obtain a judiolal domes foreclosing Grantor's Into, at In all or any part 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 thmugh 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. Nortudiald 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 M the Indebtedness due to Lender after application of all amounts received from the exercise of the rights provided in this section. Twm oy at Suf ererms. 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 at sufferance of Larder or the purchaser of the Property and shell,at Lader's option,either (1) pay a reasonable rental for the use of the Property,or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Lender shall have erg other rights and remedies provided In this Mortgage or the Note or available at law or In equity, Sets of the Property. To the extent Permitted by applicable taw,Grantor hereby walves cry and all right to have the Property marshalled. In exercising Its rights and remedies.Lender shag be free to sag all or any part of the Property together or separately,In ore sate or by separate sales. Lender shag be entitled to bid at any public safe on all or any portion of the Property. Node of Sala. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Pa. mat Property or of the time after which arty private sale or other Intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law,reasonable notcs shell mean notice given at least tart(10) days before the Breda of the sale or disposition. Any sole of the Personal Property may be made In con function with any sale of the Res$Property. Election of Rertedla. Election by Lender to pursue any remedy shag not exclude pursuit of any other remedy,and an election to make expenditures or to take acton to perform an obligation of Grantor under this Mortgage,after Grantor's fallure to perform,shall not affaw Larder's right to declare a default end exercise its remedies. Nothing under this Mortgage or otherwise shag be construed so as to limit or restrict the rights and remedies avaiabe to Lender following an Event of Default,or In any way to limit or restrict the rights and ability of leader to proceed directly against Greiner and/or against any other co-maker,guarantor,surety or endorser and/or to proceed against any other collateral directly or Indirectly securing the Indebtedness. MORTGAGE (Continued) Page 6 Anomsys'Feu,E■pwaaa. If Lender Institutes;any suit or action to enforce any of the terms of this Mortgage, Lander shall be entitled to recover such sum as the count may adjudge reasonable as attorneys'tees at trial and upon any appaaL Whether or not arty court action is Involved, and to the extent not prohibited by law, all reasonable expenses larder incurs that In Lender's opinion are necessary at any time for the protection of Its Interest or the antorcernsm of its rlphfe shell become a part of the Indebtedness payable on demand and shalt bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph Include, without gmftatlon, however subject to any Brit under applicable law,I~*reasonable attorneys'fees and Lender's legal expenses,whether or not then is a lawsuit.Including reasonable attorneys'foes and expenses for bankruptcy proceedings(including effort to modify or vacate any automatic stay or injunction),appeals,and any anticipated poet-judgment collection smrvkxw the cost of searching records. obtaining title reports lira ludirg foreclosure (Sporm), *Wv*yon' report, and appraisal feat and tide instrence, to the extent permitted by applicable law. Grams also wig pay any court costs,in addition to an other sums provided by taw. NOTICES. Unless otherwise provided by applicable low,any notice required to be given under this Mortgage shell be given in writing, and shah be effective when actually delivered, when actually received by nlefeceimlle (unless otherwise required by law),when deposited with s nationally recognized overnight courier,or,If maned,when deposited In the United States mall,as first cis»,cardfled or registered mail postage prepaid,directed to the addresses shown rear the beginning of this Mortgage. All copes of notices of foreclosure from the holler of any lien which has priority over this Mortgage shall be sent to Lender's address,as shown rear the beginning of this Mortgage. Any party may change 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 charge the party's address. For notice purposes.Grantor agrees to keep Larder informed at all times of Grantor's current address. Unless otherwise provided by applicable law,if there IS more then one Grantor,any notice given by Lender to any Grantor Is deemed to be notice given to ail Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage,together with arty Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth In tide Mortgage. No alteration of or amendment to this Mortgage shell be effective unless given in writing and signed by the parry or parties sought to be charged or bound by the alteration or amendment, Annual Report. If the Property is used for purposes other than Grantor's residence,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 detan as Larder shall require. 'Not operating Income"shag amen all cash receipts from the Property less all cash expenditures made M connection with the operation of the Property. Caption Headings. Caption headings in this Mortgage are for convenience purposes only and are not to be used to Interpret or define the provisions of this Mortgage. Governing Law. This Mortgage will be governed by federal few applicable to Lender and.to the sx19M no praanptmd by federal law,the lows of the Commonwssith of Pennsylvania without regerd to no corrfiet of hew provisions. This Mortgage has been aoospis by Larder In the Con incerw arth of Pennsylvania. Choice of Vow. If there is a lawsuit,Grantor agrees upon Lender's request to subnit to the jurlsdictton of the courts of perry County,Commonwealth of Pennsylvania. John and Several Liability. All obligations of Grantor under this Mortgage shell be Joint and several, and ail references to Glen nor shah mean each and every Grantor. This moons that each Grantor signing below is responsible for all obligations in this Mortgage. No Welver by Lanier. Lender shall not be deemed to have waived any rights under this Mortgage union such waiver Is given in writing and signed by Lander. 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 weaver of Lender's right otherwise to demand shot compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender,nor cry course of dealing between Lender and Grantor,shag constitute a waiver of any of Lender's rights or of any of Grantees obligations as to any future tra SK110 s. Whenever the consent of Lender to required under this Mortgage,the granting of such content by Lender In any Inatence shag not consttuts continuing consent to subsequent Instances where such consent is required and in all oases such consent may be granted or withheld in the sole discretion of Lender. SevsraWllly. 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 shall not make the offending provision illegal,Invalid, or unenforceable as to any other person or cicunsterm. if feasible,the offending provision shag be considered modified so that It becomes legal,valid and enforceable. It the offending provision cannot be so modified,It than be considered deleted from this Mortgage. Unless otherwise required by low, the illegality, Invalidity, or unentorceabgity of any provision of this Mortgage shall not affect the legality,validity or enforceability of arty 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 told by or for the beneNt of Larder In any capacity,without the written consent of Lender. Successor Interests. The terms of this Mortgage shell be binding upon Grantor,and upon Grantees heirs,personal representatives.successor,and assigns,and shag be enforceable by Lender and it@ successors end assigns. Time Is of the Essence. Time is of the easerce in the performance of ids Mortgage. Want Jury. AN parties to this Mortgage hereby waive the light to any Jury trial In any action,proceeding.or cou nterda rn brought by any Icy agains t any other party. OEPIKMIONS. The following cspltanzed words and terns shall have the following meanings when used In this Mortgage. Unless specifically stated to the contrary,an references to dollar amounts shah mean amounts M lawful money of the United States of America. Words and tams used In the singular shag include the plural,and the plural shall include the singular,as the context may require. Words and tams not otherwise defined In this Mortgage shell have its meanings attributed to such tams In the Uniform Commercial Code: Borrower. The word 'Borrower' means Timothy J Hogg and Jane M Hogg and ioludes all coolgnere and co-mokere slgring the Note and all their successors and assigns. OsfWL The wad"Defoutr means the Dsfsuft set forth in this Mortgage In the section titled'Default'. Environmental taws. The words "F.rivionnemal Laws' mean any and all state, federal and local statute*, regulations and ordinance* relating to the protection of human health or the environment. including without limitation the Compnttastve Environmental Response.Compensation,and Liability Act of 1980,as amended,42 U.S.C.Section 9601,at seq.1"CERCLA'I,the Soperfund Amendments and Reautloritation Act of 1986,Pub.L. No.99499 MARA").the Hazardous Materiels Transportation Act,49 U.S.C.Section 1801,at a".,the Resource MORTGAGE (Continued) Page 7 Conservation and Recovery Act,42 U.S.C.Section 6901,at seq.,or other applicable state or federal laws,rules, or regulations adopted pursuant thereto. Event of DsfeuR. 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. Gramm. The word"Grantor'means Timothy J Hogg and Jana M Hogg. Guaranty. The word"Guaranty'means the guaranty from guarantor,endorser,surety,or accommodation party to Lender,Inchxling without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances' mean materials that, because of their quantity, concentration or physical,chemical or Infaotlous 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 Environmental Laws. The term'Hazardous Substances"also includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Improvememo. The word "Improvements" means an existing and future improvements, bulidings, structures, mobile homes affixed on the Real Property,facilities,additions,replacements and other construction on the Real Property. Indebtedness. The word'Indebtedness" means all principal, Interest,and other amoante;costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of,modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expanded or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lander to enforce Grantor's obligations under this Mortgage,together with interest on such amounts as provided in this Mortgage. Lender. The word"Lender"means First National Bank of Marysville,its successors and assigns. Mortgage. The word'Mortgage"means this Mortgage between Grantor and Lender. Note. The word'Note"means the promissory note doted May 17,2010,in the original principal amount of $2,800,000.00 from Grantor to Lender,together with all renewals of, extensions of,modifications of, refinancings of,consolidations of,and substitutions for the promissory note or agreemem. The maturity date of the Note Is May 14,2020.NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words"Personal Property' mean all equipment,fixtures,and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accesslons,parts,and additions to,all replacements of,and all substitutions for,arry 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 words"Real Property"mean the real property,interests and rights,as further described in this Mortgage. Related Docurnsnts. The words "Related Documents' mean all promissory notes, credit agreements, ban agreements, emrlronmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,agreements and documents, whether now or hereafter existing,executed In connection with the Indebtedness. Rants. 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 On"UNDER SEAL AND IT IS NTENDED THAT THIS MORTGAGE IS AND SHALL CONST fUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: / X (Seal) Timothy J Hogg X C�v.v. ` it/ (Seal) Tarts M ogg CERTIFICATE OF RESIDENCE I hereby certify,that the precise address of the mortgagee,fist Nations)Bank of Marysville,herein is as follows: a division of Riverview Naskmal Banc,200 From Strost PO Box B.Marysvi 1 Attomey or Agent for Mortgagee i MORTGAGE (Continued) Pays s INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA h I- )SS COUNTY OF A, j f/H�rlo d the / `y day of //!C[(/ 20� before me �( _I��t a undwskined Notary ic,personally appeared Timothy J Hogg an Jana M Hogg,known or stisfectorily proven)to be the person Fwhom names are subscribed to the instrument, and acknowledged that they executed the creme for the purposen contained.In wWme whereof,l herew, sat my hand and official 5AWnlof YW _ NaOUId Sa>t _ anom Saft OraOar[.ndcamw Notary Public in and for the o 07nwlttlaa Nid137 3014 ��. illladltlon llatarlls LASER PRO Lending,Ver. 2 Copt.Harland Financial utions,Inc.1887,2010. All Rights Reserved, - PA K:1CFIXLPL\G03.FC TR-3225 PR-26 EXHIBIT "A" 107& 109 East Main Street,Shiremanstown Parcel No. 37-23-0555-131 ALL THAT CERTAIN tract or parcel of land and premises,situate,lying and being in the Borough of Shiremanstown in the County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows: BEGINNING at a point on the north side of Main Street at a line of lands now or formerly of Samuel S.Black and S.Andrew Black,co-partners; thence along said lands now or formerly of Black northwardly one hundred sixty-eight(168)feet to Strawberry Alley; thence eastwardly along said Strawberry Alley eighty-sic(86)feet and one(1) inch,more or less,to lands now or formerly of Joseph A.Willis; thence along said lands now or formerly of Joseph A.Willis in a southerly direction one hundred sixty-seven (167)feet and six(6)inches,more or less,to said Main Street; thence along said Main Street in a westwardly direction eighty-six(86)feet and one(1)inch,more or less,to the point and place of BEGINNING. HAVING THEREON ERECTED two(2)apartment buildings known and numbered as 107& 109 East Main Street, Shiremanstown,Pennsylvania. TOGETHER WITH AND SUBJECT to the right and privilege of the owners and occupiers of the adjoining property on the west side of the within conveyed premises to use the passage way on the west side of the property herein conveyed in common with each other for ingress,egress and regress to and from the properties known and numbered as 105& 107 East Main Street,Shiremanstown,Pennsylvania. BEING THE SAME PREMISES which Marc W. DePaul,single individual,by Deed dated April 21, 1997 and recorded in Book 156,Page 284 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto William P.Hogg,Grantor herein. EXHIBIT "A' 107- 117 South Third Street, Lemoyne Parcel No. 12-21-0265-275 ALL THAT CERTAIN lot or piece of land situate in the Borough of Lemoyne, County of Cumberland,and State of Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the northwest corner of Third Street and Apple Alley; thence in a northerly direction along the western direction along a line parallel with Apple Alley 100 feet to a point on the line of lands now or formerly of Levi Sprecher; thence in a southerly direction along the last mentioned lands 75 feet to a point on the northerly line of Apple Alley; thence in a easterly direction along the northern line of Apple Alley 110 feet to a point and place of BEGINNING. BEING the southern half of Lots Nos. 108, 109 and 110,Block C on Plan No. 1, Riverton,Pennsylvania,said Plan being recorded in the Cumberland County Recorder's Office in Deed Book"J",Volume 4,Page 40. HAVING THEREON ERECTED a two story frame apartment buildings known as 107- 109 South Third Street,Lemoyne,Pennsylvania. BEING THE SAME PREMISES which Michael A. Serluco,single person,by Deed dated December 14, 1998 and recorded in Book 191,Page 135 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto Timothy J.Hogg and Jana M.Hogg,husband and wife(99%interest)and William P.Hogg(1%interest),Grantors herein. EY I IT"A" 5 Adams Street,Enola Parcel No.09-15-1291-298 ALL THAT CERTAIN lots or pieces of land situate in East Pennsboro Township,Cumberland County,Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point at the spike on the northerly line of Adams Street,said point being at the line of adjoinder between Lots Nos. 134 and 135 of the hereinafter mentioned plan of lots; thence by the said line of Adams Street,South 73 degrees 30 minutes 00 seconds West,200 feet to a point at a stake; thence by the easterly line of Lot No. 143 North 16 degrees 30 minutes 00 seconds West, 150 feet to a point at a stake; thence by the southerly fine of Monroe Street(unopened)North 73 degrees 30 minutes 00 seconds East 200 feet to a stake; thence by the westerly line of Lot No. 134 South 16 degrees 30 minutes 00 seconds East, 150 feet to a point and place of BEGINNING. THE ABOVE description is taken from a survey of the premises by Ernest J. Walker,Registered Professional Engineer,dated October 7, 1975. BEING Lots Nos. 135, 136, 137, 138, 139, 140, 141,and 142 of the Plans laid out by John Q.Addams and Joseph Pyne,said plan being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 1,Page 17. HAVING THEREON ERECTED a building known as 5 Adams Street. BEING THE SAME PREMISES which became vested in William C. Smith,by Deed dated July 26, 1996 and recorded in Book 143,Page 460 at the Cumberland County Recorder of Deeds Office. Paula K. Smith,wife of William C.Smith,joins in this conveyance to convey and rights,title or interest she may have in said premises,Grantors herein. EXHIBIT``A" 211 Market Street,New Cumberland Parcel No. 25-25-0006-321 ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, Cumberland County,Pennsylvania,more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of Market Street,which said point is the division line between property herein described and property now or late of the Susquehanna Wollen Company and which said point is 90 feet more or less south of the southeastern corner of Market Street and a 16 feet wide alley; thence eastwardly along the land now or late of the Susquehanna Wollen Company 150 feet to a 16 feet wide alley; thence southwardly along the western side of said 16 feet wide alley 39 feet more or less to property now or late of Shook; thence westwardly along said Shook property a distance of 150 feet to Market Street; thence northwardly along the east side of Market Street 39 feet more or less to a point and place of BEGINNING. BEING known and numbered as 211 Market Street. UNDER AND SUBJECT,NEVERTHELESS to restrictions,conditions and easements of prior record pertaining to said premises. BEING THE SAME PREMISES which Cynthia Morrow,widow,by Deed dated April 21, 1995 and recorded in Book 121,Page 182 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto Michael L.Lowry and leleen M. Lowry,husband and wife,Grantor herein. EXHIBIT"N' 304—314 Market Street,Lemoyne Parcel No. 12-21-0265-151 ALL THAT CERTAIN tract or parcel of land,situate in the Borough of Lemoyne,Cumberland County,Pennsylvania,more particularly bounded and described as follows: BEGINNING at a point on the southerly line of Market Street, at the intersection of said line with the line of lands now or late of T.W.Tillman,said point being at a distance of 42.5 feet,more or less,measured in a westerly direction from the westerly line of Third Street; thence along lands now or late of T.W.Tillman, South 24 degrees East 190.75 feet,more or less,to a point on the right of way line of The Pennsylvania Railroad Company; thence along said right of way line, South 55 degrees West 92.5 feet to a point; thence along lands formerly of George W. Stoey Estate,North 24 degrees West 208.4 feet,more or less,to a point on the southerly line of Market Street; thence along Market Street,North 66 degrees East 90.8 feet to the point and place of BEGINNING. HAVING THEREON ERECTED a three-story brick and stone building,being Nos.304 to 314 Market Street,Lemoyne,Pennsylvania. TOGETHER with the rights of the Grantor,their heirs and assigns,and the occupants of the hereindescribed premises,to the full and free use of a private driveway or easement 20 feet in width extending from Market Street to The Pennsylvania Railroad Company right of way in common with the owners and occupiers of the premises adjoining on the West,said right of way adjoining the western line of premises hereindescribed. BEING THE SAME PREMISES which Jay B. Shoop and Janet L. Shoop, husband and wife,by Deed dated February 2, 1977 and recorded in Book Z-26,Page 847 at the Cumberland County Recorder of Deals Office,granted and conveyed unto John Y. Khoun and Therese Khouri,husband and wife,Grantors herein. EXHIBIT"A" 316&318 Fifth Avenue,New Cumberland Parcel No.25-24-0811-095 ALL THAT CERTAIN three lots of land situate in the Borough of New Cumberland,County of Cumberland and State of Pennsylvania,designated and known as Lots Nos.37,37 and 38 in the General Plan of Mary A. and David R.Kebaugh's Addition to the Borough of New Cumberland,as the same appears in Cumberland County Plan Book 1,Page 6,and more particularly bounded and limited as follows,to wit: BEGINNING at the southwest corner of Locust and Chestnut Avenue; thence westwardly along the line of Chestnut Avenue,93.5 feet to the line of a 10 feet wide alley; thence southwardly along the line of said alley, 121.15 feet to another 10 feet wide alley; thence eastwardly by the line of the last mentioned alley, 106.49 feet to Locust Avenue; thence northwardly along the line of said Locust Avenue, 120.15 feet to a point on Chestnut Avenue,the point and place of BEGINNING. BEING Lots Nos. 36,37&38 in the said Kebaugh Plan aforementioned and being improved with a four-unit apartment building. BEING THE SAME PRENQSES which Marjorie G.Warfield,widow,by Deed dated January 31, 1986 and recorded in Book S,Volume 31,Page 332 at the Cumberland County Recorder of Deeds Office,granted and conveyed unto John E. Simonton and Rebecca G.Simonton,husband and wife. Rebecca G. Simonton died April 17, 1993, whereupon sole title to said premises became vested in John E.Simonton,by virtue of the doctrine of survivorship incident to tenancies by the entireties. John E.Simonton subsequently married Barbara H.Simonton,who joins as grantor,Grantors herein. EXHIBIT "A" 2109&2117 Princeton Avenue,Camp Hill Parcel No.01-22-0535-096 ALL THAT CERTAIN two tracts of land situate in the Borough of Camp Hill,County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows,to wit: TRACT NO,1: BEGINNING at a point on the south side of Princeton Avenue at the dividing line between Lots Nos.4 and 5 on the Plan of Lots referred to hereinafter which said point is also referenced South 82 degrees 36 minutes West,a distance of 81.82 feet measured along the southern side of Princeton Avenue from the western side of 21'Street; thence by said last mentioned dividing line South 03 degrees 00 minutes East,a distance of 108.44 feet to a point; thence along the Expressway Route No.767(erroneously referred to as Route No.67 in prior deeds of record)South 87 degrees West,a distance of 300 feet to a point; thence North 03 degrees 00 minutes West,a distance of 100 feet to a point on the southern side of Princeton Avenue; thence along the southern side of Princeton Avenue North 87 degrees 00 minutes East,a distance of 180 feet to a point; thence continuing along the southern side of Princeton Avenue by a curve to the left having a radius of 260.31 feet,an are distance of 19.99 feet; and thence continuing along the southern side of Princeton Avenue North 82 degrees 36 minutes East,a distance of 100.32 feet to a point and place of BEGINNING. BEING Lots Nos.5, 12, 13,and 20 on the Plan of Section I of Fiala Farms recorded in Plan Book 12,Page 52. HAVING THEREON ERECTED two apartment houses known and numbered as 2109 &2117 Princeton Avenue,Camp Hill,Pennsylvania. TRACT NO.2: BEGINNING at a point on the south side of Princeton Avenue,which said point is at the western line of Lot No.20 on the plan of lots referred to hereinafter, thence by the western line of said Lot No.20 South 03 degrees East,a distance of 100 feet to a monument; thence along the Expressway Route No.767,South 87 degrees West,a distance of 25 feet,more or less,to a point; thence along lands now or late of Fred Fiala,et ux,North 03 degrees West,a distance of 100 feet to a point on the south side of Princeton Avenue; and thence along the south side of Princeton Avenue North 87 degrees East,a distance of 25 feet,more or less,to the western line of said Lot No.20,the point and place of BEGINNINIG. SAID TRACT being an unnumbered tract of land located between the western side of Lot No.20 and the western boundary of the Plan of Section I of Fiala Farms recorded in Plan Book 12,Page 52,Cumberland County records. UNDER AND SUBJECT,NEVERTHELESS,to conditions,restrictions,easements, and rights-of-way of record BEING THE SAME PREMISES which Herbert C.Moore,Michael H.Schaeffer, Richard W.Moore,and Michael J.Greene,by Deed dated June 9, 1987 and recorded November 6, 1987 in Book A,Volume 33,Page 659 at the Cumberland County Recorder of Deeds Office, granted and conveyed unto David W.Reager and Theodore A.Adler,Co-Partners,t/dtb/a Princeton Properties,Grantors herein. ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY i 1 COURTHOUSE SQUARE E CARLISLE, PA 17013 f " � 717-240-6370 • Instrument Number-201012969 Recorded On 5/19/2010 At 3:48:54 PM *Total Pages- 16 •Instrument Type-MORTGAGE Invoice Number-65871 User ID-KW •Mortgagor-HOGG,TIMOTHY J •Mortgagee-FIRST NATIONAL BK OF MARYSVII,LE •Customer-CAPITAL AREA *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $33.50 RECORDER OF DEEDS PARCEL CERTIFICATION $70.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $144.00 I Certify this to be recorded in Cumberland County PA cv ,O RECORDER O *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 001TU III IlllIIIIIIIIIIII�illllll ON [1107 UPI: 01-22-0535-096 RLIEASE OF MORTGAGE TIMOTHY J.HOGG and Mortgage Dated:5/17/10 JANA M.HOGG, Mortgage Recorded: 5/19/10 Mortgagor Instrument Number.201012969 Assignment of Rents Assignment Dated: 5/17/10 Assignment Recorded: 5/19/10 Instrument Number. 201012970 FIRST NATIONAL BANK OF MARYSVILLE,A DIVISION OF RIVERVIEW NATIONAL BANK, NOW KNOWN AS MARYSVILLE Recorder's Office of Cumberland BANK,A DIVISION OF RIVERVIEW County,Pennsylvania BANK, . Mortgagee Debt:$2,800,000.00 KNOW ALL MEN BY THESE PRESENTS,THAT WHEREAS,TIMOTHY J.HOGG and JANA M. HOGG, husband and wife,by an Indenture of Mortgage above noted, granted and conveyed unto FIRST NATIONAL BANK OF MARYSVILLE, a division of RIVERVIEW NATIONAL BANK, now known as MARYSVILLE BANK, a division of RIVERVIEW BANK,its successors and assigns,the premises therein particularly described,to secure the payment of a certain debt or principal sum of TWO MILLION EIGHT HUNDRED THOUSAND AND 00/100 DOLLARS($2,800,000.00);and WHEREAS,TIMOTHY J.HOGG and JANE M.HOGG,husband and wife,has requested that the said FIRST NATIONAL BANK OF MARYSVILLE, a division of RIVERVIEW NATIONAL BANK, now known as MARYSVILLE BANK, a division of RIVERVIEW BANK,release the premises hereinafter described being part of the said mortgaged premises,from the lien and operation of said Mortgage;and NOW THEREFORE,be it known that the said FIRST NATIONAL BANK OF MARYSVILLE, a division of RIVERVIEW NATIONAL BANK, now known as MARYSVILLE BANK,a division of RIVERVIEW BANK,a state chartered bank,as well in consideration ofthe premises as of the sum of ONE($100)DOLLAR,lawful money to it in hand paid by the said TIMOTHY J. HOGG and JANA M.HOGG,husband and wife,at the time of the execution hereof,the receipt whereof is hereby acknowledged,has remised,released,quit-claimed,exonerated and discharged unto said TIMOTHY J.HOGG and JANA M. HOGG,husband and wife, its successors and assigns, ALL THOSE CERTAIN lot or tract of land situate in Camp Hill Borough, Cumberland County, known as 2109-2117 Princeton Avenue,Camp Hill as more follow set forth in the attached Exhibit "A". TO HAVE AND TO HOLD, the same, with the appurtenances, unto the said TIMOTHY J. HOGG and JANA M. HOGG, husband and wife,their successors and assigns forever freed, exonerated and discharged of and from the lien of said Mortgage and every part thereof. PROVIDED,ALWAYS,NEVERTHELESS,that nothing herein contained shall in any way affect, alter or diminish the lien or encumbrance of the aforesaid Mortgage on the remaining part of said mortgaged premises, if any, or the remedies at law for recovering there or against the said TIMOTHY J.HOGG and JANA M.HOGG,husband and wife,their successors or assigns,the principal sum,with interest secured by said Mortgage. IN WITNESS WHEREOF,the said Mortgagee has caused this Indenture to be signed this 2,19 12' day of J'4Avx,,,X 2013. ATTEST: FIRST NATIONAL BANK OF MARYSVILLE, a division of RIVERVIEW NATIONAL BANK, now known as MARYSVILLE BANK, a division of RIVERVIEW BANK BY: M 4t u - AM)fwe, �- COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF SS.Pg+�ry ) On this,the day of J 4.+v��`y ,2013,before me,the undersigned authority, personally ppeared ,4,W i ra yar o 14 w 7 who acknowledges himself/herself to be the 11tr(too of FIRST NATIONAL BANK OF MARYSVI LLE,a division of RIVERVIEW NATIONAL BANK, now known as MARYSVELLE BANK, a division of RIVERVIEW BANK, a state chartered bank and that he/she as such being authorized to do so,executed the foregoing document for the Purposes herein contained. IN WITNESS WHEREOF,I have hereunto set my hand and official seal. COM OMWF-AL pEMMglft.VAMIA W Nasw seat Notary Public M §eGook. �'PA Y rpp1�11pF1 of Exhibit"A" ALL THAT CERTAIN two tracts of land situate in the Borough of Camp Hill,County of Cumberland and Commonwealth of Pennsylvania,more particularly described as follows,to wit: TRACT NO, 1: BEGINNING at a point on the south side of Princeton Avenue at the dividing line between Lots Nos.4 and 5 on the Plan of Lots referred to hereinafter which said point is also referenced South 82 degrees 36 minutes West,a distance of 81.82 feet measured along the southern side of Princeton Avenue from the western side of 21 st Street;thence by said last mentioned dividing line South 03 degrees 00 minutes East,a distance of 108.44 feet to a point;thence along the Expressway Route No. 767(erroneously referred to as Route No.67 in prior deeds of record) South 87 degrees West,a distance of 300 feet to a point;thence North 03 degrees 00 minutes West,a distance of 100 feet to a point on the southern side of Princeton Avenue;thence along the southern side of Princeton Avenue North 87 degrees 00 minutes East,a distance of 180 feet to a point;thence continuing along the southern side of Princeton Avenue by a curve to the left having a radius of 260.31 feet,an are distance of 19.99 feet;and thence continuing along the southern side of Princeton Avenue North 82 degrees 36 minutes East,a distance of 100.32 feet to a point at the Place of BEGINNING. BEING Lots Nos.5, 12, 13 and 20 on the Plan of Section I of Fiala Fauns recorded in Plan Book 12,Page 52. HAVING THEREON ERECTED two apartment houses known and numbered as 2109 and 2117 Princeton Avenue. TRACT NO.2: BEGINNING at a point on the south side of Princeton Avenue,which said point is at the western line of Lot No.20 on the plan of lots referred to hereinafter,thence by the western line of said Lot No.20 South 03 degrees East,a distance of 100 feet to a monument;thence along the Expressway Route No.767,South 87 degrees West,a distance of 25 feet,more or less,to a point;thence along lands now or late of Fred Fiala,et us,North 03 degrees West,a distance of 100 feet to a point on the south side of Princeton Avenue;and thence along the south side of Princeton Avenue North 87 degrees East,a distance of 25 feet,more or less,to the western line of said Lot No.20,the point or place of BEGINNING. SAID TRACT being an unnumbered tract of land located between the western side of Lot No.20 and the western boundary of the Plan of Section I of Fiala Farms recorded in Plan Book 12,Page 52,Cumberland County records. ROBERT P.ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE,PA 17013 ` 717-240-6370 - f ; Instrument Number-201303812 Recorded On 2/48013 At 2:37:31 PM *Total Pages-S •Instrument Type-RELEASE OF MORTGAGE Invoice Number-128487 User ID-SW •Mortgagor-HOGG,TIMOTHY d •Mortgagee-FIRST NATIONAL BK OF MARYSVILLE •Customer-MIDSTATE ABSTRACT CO *FEES STATE SPRIT TAR $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA RECORDER O *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 003407 II�� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. COAKLEY and SUSAN P. COAKLEY, Plaintiffs, CIVIL ACTION - LAW VS TIMOTHY J. HOGG and JANA M. HOGG, Defendants, NO. 13-100 CIVIL TERM and INTEGRITY BANK, PNC BANK, N,A , and MARYSVILLE BANK Garnishees CERTIFICATE OF SERVICE AND NOW, December 27, 2013, I, Robert G. Radebach, Esquire, Attorney for Riverview Bank, hereby certify that I served a copy of the Answers to Interrogatories in the above-captioned matter upon Defendants Timothy J. Hogg and Jana M. Hogg and upon Stephen F. Greecher, Jr., Esquire and Christophe E. Fisher, Esquire, Attorneys for Plaintiff, on December 27, 2013, by depos' ' g the same in the United States Mail, postage prepaid, in the post office alifax, Pennsylvania, addressed as follows: Timothy J. Hogg and Jana M. Hogg 322 Equus Drive Camp Hill, PA 17011 Stephen F. Greecher, Jr., Es uir Christopher E. Fisher, Esq it 2 Lemoyne Drive, Suite Lemoyne, PA 1704 Ro rt . Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 SIRLIN LESSER& BENSON,P.C. 2U J 1 JAN -8 A , By: Jon C. Sirlin,Esquire uU�#B�'RI.AN COUNTY Identification No.: 17498 PENMSYLO COU 123 South Broad Street,Suite 2100 Philadelphia,PA 19109 (215)864-9700 Attorney for Garnishee RICHARD L. COAKLEY AND • COURT OF COMMON PLEAS SUSAN P. COAKLEY : COUNTY OF CUMBERLAND vs. • TIMOTHY J.HOGG AND JANA M. HOGG : NO. 13-100 and • PNC BANK,NATIONAL ASSOCIATION, • GARNISHEE • ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PN. Bank, National Association, Garnishee, in the above-captioned matter. AL 4116 JON '. S ' Att. ey fo Garnishee Date: \--,AL SIRLIN LESSER& BENSON,P.C. j 4i By: Jon C. Sirlin,Esquire Identification No.: 17498 2014 AN 1 3 F 123 South Broad Street,Suite 2100 r �� `J UUh��ERLAND � Philadelphia,PA 19109 PENNS't/1 COUNTY (215)864-9700 Attorney for Garnishee RICHARD L. COAKLEY AND : COURT OF COMMON PLEAS SUSAN P. COAKLEY : COUNTY OF CUMBERLAND vs. TIMOTHY J. HOGG AND JANA M. HOGG : NO. 13-100 and PNC BANK,NATIONAL ASSOCIATION, • GARNISHEE • ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: RICHARD L. COAKLEY AND SUSAN P. COAKLEY,Plaintiff 1. No. 2. Account titled Timothy J. Hogg, Jana M. Hogg has been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of$100.00 Legal Processing Charge. Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $350.00 is authorized and will be deducted from the attached funds. After allowing for the general monetary exemption under 42 Pa.C.S. § 8123 and after the deductions set forth above garnishee admits to holding a balance of$837.86 before deducting garnishee's attorney's fee of$350.00. 3.-6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution,at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit,not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. • C. ' Dated: \—\M\-\ Attorney f,, Garnishee • • VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank,N.A.;that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge,information and belief and that these statements are made subject to the penalties of 18Pa. C.S. s4904,relating to unworn falsification to authorities. 4.. RE Richard L Coakley and Susan P Coakley vs Timothy J Hogg and Jana M Hogg DOCKET NO 13-100 Theresa A Dusch Team Lead, Garnishment Processing Position DATE: January 8, 2014 Lit-233946.1 i.. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY of Cumber/,y, r�. OFFICE OF ME SKRIFG BE fish O1 O. 2l4JUL —3 P=13:52 CUMBERLAND COUNT PENNSYLVANIA Richard L. Coakley (et al.) vs. Timothy J. Hogg (et al.) Case Number 2013-100 SHERIFF'S RETURN OF SERVICE 12/13/2013 03:11 PM - Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Marysville Bank, 2040 Good Hope Road, Hampden Township, Enola, PA 17025, Cumberland County, by handing to Linda Lombard, Head Teller, personally three copies of writ of execution; three copies of writ of execution notice; three copies of interrogatories; and three copies of request for production of documents and things addressed to garnishee and made the contents there of known to her. 12/13/2013 03:27 PM - Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Integrity Bank, 3345 Market Street, Camp Hill, Cumberland County, by handing to Brooke White, Customer Service Representative, personally three copies of writ of execution; three copies of writ of execution notice; three copies of interrogatories; and three copies of request for production of documents and things addressed to garnishee and made the contents there of known to her. 12/16/2013 Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, by handing to Anita Meredity, Financial Consultant, personally three copies of writ of execution; three copies of writ of execution notice; three copies of interrogatories; and three copies of request for production of documents and things addressed to garnishee and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 16, 2013 to Timothy Hogg at 322 Equus Drive, Camp Hill, PA 17011 and to Jana Hogg at 322 Equus Drive, Camp Hill, PA 17011. 07/02/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $234.49 SO ANSWERS, July 03, 2014 (c) CountySui.e Sherif, Toleosoft, Inc. RONNY R ANDERSON, SHERIFF