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HomeMy WebLinkAbout13-1392 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. 13 - /39 a, IAN ANDERSON Defendant CIVIL ACTION — LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the Warrant of Attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the defendant and confess judgment in favor of the plaintiff and against defendant as follows: c cm =; Principal Balance $83,805.69 -om _.; ` + x'M Accrued Interest through 3/1/13 at 2.00% g $1,257.12 Late Charges $73.12 TOTAL $ 135.93 i j BY: / John WA. Quain Supreme Court No. 311983 Governor's Office of General Counsel Department of Community & Economic Development 400 North Street, Plaza Level Harrisburg, PA 17120 -0225 Q 0 (717) 214 -5300 - Phone (717) 772 -3103 -Fax � Counsel for Plaintiff 17-rY- ��� �I18 I R.L )0 MC(_?j&( THIS IS NOT AN ARBITRATION CASE AN ASSESSMENT OF DAMAGES HEARING IS NOT'_FREQUIRED John M. Ouain Jr. Supreme Court No. 311983 Governor's Office of General Counsel Department of Community & Economic Development 400 North Street, Plaza Level Harrisburg, PA 17120 -0225 (717) 214 -5300 - Phone (717) 772 -3103 - Fax iquain(a)_pa.gov IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No.13 u IAN ANDERSON Defendant CIVIL ACTION — LAW COMPLAINT IN CONFESSION OF JUDGMENT UNDER PA.R.C.P. 7951 1. Plaintiff, Pennsylvania Department of Community and Economic Development (hereinafter "DCED "), is a political body organized and existing under and by virtue of the laws of the Commonwealth of Pennsylvania, having its principal place of business at the Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, Pennsylvania 17120 - 022.5. 2. Defendant, Ian Anderson ( "Defendant ") is an adult individual with a last known address of 412 Shed Road, Newville Pennsylvania 17241. 3. Daniel Parson d /b /a Shooting the X, ( "Borrower ") is a Pennsylvania limited liability company with a last known business address of 233 Allen Road, Carlisle Pennsylvania, 17013. 4. On or about November 18, 2011, Borrower executed a Note ("Note") in the principal amount of Eighty Eight Thousand Dollars ($88,000.00). A true and correct copy of this Note is attached hereto as "Exhibit A ". 5. Borrower has defaulted on the Note attached hereto as "Exhibit A" by failing to make payments when due. 6. On or about November 7, 2011, Defendant Ian Anderson entered into a Guaranty and Surety Agreement ( "Guaranty ") promising to pay any amounts due under the Note attached as "Exhibit A." A true and correct copy of the Guaranty and Surety Agreement executed by Defendant is attached hereto as "Exhibit B." 7. The Borrower has defaulted under the agreement attached hereto as "Exhibit A" by failing to make payment as demanded. 8. The judgment is not being entered against a natural person in connection with a consumer credit transaction. 9. No assignment has been made of the Note attached hereto as "Exhibit A." 10. No assignment has been made of the Guaranty attached hereto as "Exhibit B." 11. Judgment has not been previously entered against the Defendant in any jurisdiction on the Guaranty attached as "Exhibit B ". 12. The Defendant has thus become liable to Plaintiff for the following sum set forth in "Exhibit A": Principal Balance $83,805.69 Accrued Interest through 3/1/13 at 2.00% $1,257.12 Late Charges $73.12 TOTAL $85,135.93 13. Judgment is demanded as authorized by the Warrant of Attorney contained in Exhibit B. 14. The Warrant of Attorney appearing in the attached exhibit is less than twenty years old. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant, Ian Anderson, in the total amount of Eighty Five Thousand One Hundred Thirty Five Dollars and Ninety Three Cents ($85,135.93) together with interest accruing at the rate set forth in the instrument. COMMONWEALTH OF PENNSYLVANIA DEPARTM F COMMUNITY & ECO O C DEV LOPMENT z oh M. Quain Jr. Supreme Court No. 311983 Governor's Office of General Counsel Department of Community & Economic Development 400 North Street, Plaza Level Harrisburg, PA 17120 -0225 (717) 214 -5300 - Phone (717) 772 -3103 - Fax 4quain(a-D.pa.gov IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. `3 — !3 9 Ovv i IAN ANDERSON Defendant CIVIL ACTION — LAW AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jared Lucas, being duly sworn according to law, deposes and says that he is the Director of the Small Business First Office for Plaintiff herein that he is authorized to make this affidavit on behalf of Plaintiff that the facts set forth in the foregoing Complaint for Confession of Judgment are true and correct to the best of his knowledge, information and belief and that the Exhibits attached to the Complaint are true and correct copies of the originals. �Mp BY Jare6 Luca Director, mall Business First Sworn to and subspribed before me this %� `` day ,of 2013. otary , ublic GMEMKk ONWEALT Of PENNSYLVANIA Notarlai seal nifer Ann Fogarty, Notary Public y of Harrisburg, Dauphin County Commission res Dec. 19, 2016 OENNSYLVAN IA ASSpCIA110N OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON Defendant CIVIL ACTION — LAW CERTIFICATION OF ADDRESSES John M. Quain Jr., attorney for the Commonwealth of Pennsylvania.. Department of Community and Economic Development, certifies that the present address of the Plaintiff, Department of Community and Economic Development is, 400 North Street, Fourth Floor, Harrisburg, Pennsylvania 17120; and the last kn n re Df Defendant Ian Anderson is 412 Shed Road, Newville Pennsylvania 17 I i BY: k John W. Quain Jr. T Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON Defendant CIVIL ACTION — LAW AFFIDAVIT PURSUANT TO PA.R.C.P. 2951(a)(3) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : Jared Lucas, being duly sworn according to law, deposes and says that he is the Director of the Small Business First Office for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff; and that judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. B) ": Jar d Luca Director, Small Business First Sworn to and subscribed before me this ,p day bf? March, 2013. ''Notary P4blic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON Defendant CIVIL ACTION — LAW AFFIDAVIT THAT ACTION DOES NOT ARISE OUT OF RETAIL INSTALLMENT CONTRACT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jared Lucas, being duly sworn according to law, deposes and says that he is the Director of the Small Business First Office for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff; and that this is not an action by a seller, holder or assignee arising out of a retail installment sale, contract or account. BY: Jare6 Luca Director, Small Business First Sworn to and subscribed before me this iaJ `' day f March, 2013. 'Notary public ' CQMMONM&M QF PENN SYLVANIA Notarial Seal Jennifer Ann Fogarty, Notary Public City of Harrisburg, Dauphin County My Commission Expires Dec. 19, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON Defendant CIVIL ACTION — LAW AFFIDAVIT OF BUSINESS TRANSACTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jared Lucas, being duly sworn according to law, deposes and says that he is the Director of the Small Business First Office for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff; and that this transaction upon which judgment is being entered by confession was a business and commercial transaction. BY- Ja ed Luc Director, mall Business First Sworn to and subscribed before me this % day of March, 2013. ;lotary ,ublic IME SY��ANIA �NOterY public V,Dauphi 1�g my MEMBER, PENNSYLVANIA ASOaA ION NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON [ Defendant CIVIL ACTION — LAW AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jared Lucas, being duly sworn according to law, deposes and says that he is the Director of the Small Business First Office for Plaintiff herein; and that to the best of his knowledge, information and belief the Defendant, Ian Anderson, is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. f BY - . r Jar d Luc Director mall Business First Sworn to and subscribed before me this day of- March, 2013. otary. ublic co TN P 'ENNSYWANIA Notarial Seai Jennifer Ann Fogarty, Not Public city of Harrisburg, Dauphin county My commission Expires Dec• 19, 2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. 3 — �,3 �� G✓v . 'f IAN ANDERSON Defendant CIVIL ACTION — LAW NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule 236, you are notified that there was entered in this office today, in the above - captioned case. ❑ Judgment of $85,135.93 for Plaintiff and against Defendant. ❑ Judgment for Defendant and against Plaintiff. ❑ Order of Decree in favor of PROTHON TARY OF CUMBERLAND C UNTY Dated J// S //v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. 3 of c,V,^� IAN ANDERSON Defendant CIVIL ACTION — LAW Notice Under Rule 2958.1 of Judgment and Execution Thereon Notice of Defendant's Rights To Ian Anderson 412 Shed Road Newville, Pennsylvania 17241 A judgment in the amount of $85,135.93 has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this Notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4 Floor, Cumberland County Courthouse Carlisle, PA 17103 717- 240 -6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON Defendant CIVIL ACTION — LAW AVERMENT OF DEFAULT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Jared Lucas, being duly sworn according to law, deposes and says that he is the Director of the Small Business First Office for Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff; and that Defendant Ian Anderson, entered into a Guaranty and Surety Agreement dated November 7, 2011, guaranteeing the Note dated November 18, 2011 in the principal amount of Eighty Eight Thousand Dollars ($88,000.00) and that Borrower has defaulted on the Note. A true and correct copy of the Guarantee dated November 7, 2011 is attached as "Exhibit B ". Deponent also avers that there is $85,135.93 due and owing under the Note. BY: Jar d Luc Direct Small Business First Sworn to and subscribed before me this - day of, March, 2013. 'L (,� (� Notary F)'ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer Ann Fogarty, Notary Public City of Harrisburg, Dauphin County My Commission Expires Dec. 19, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON Defendant CIVIL ACTION — LAW PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please assess damages now due on the judgment in this action against Defendant as follows: Principal Balance $83,805.69 Accrued Interest through 3/1/13 at 2.00% $1,257.12 Late Charges $73.12 TOTAL ,1� BY: John M. Quain Jr. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF IN THE COURT OF COMMON PLEAS PENNSYLVANIA by the CUMBERLAND COUNTY, DEPARTMENT OF COMMUNITY AND PENNSYLVANIA ECONOMIC DEVELOPMENT, Plaintiff V. No. IAN ANDERSON Defendant CIVIL ACTION — LAW JUDGMENT AND ASSESSMENT OF DAMAGES I assess damages as above and judgment is entered for Plaintiff, Department of Community and Economic Development, and against Defendant, Ian Anderson, in the amount of $85,135.93, plus interest after judgment at the rate of $1.42 per diem. PROTHONO RY OF CUMBERLAND COUNTY Dated: / 5 KMKJI 1 -07 -11 CEDL #210 - 212 -297 NOTE Dated: November 18, 2011 At: Carlisle, Pennsylvania 588,000 FOR VALUE RECEIVED, the undersigned, DANIEL F. PARSON, JR.,d/b /a SHOOTING THE X, a,sole proprietorship, existing under and by virtue of the laws of the Coinmonwealth of Pennsylvania (the "Maker "), irrevocably promises to pay to the order of the COMMONWEALTH OF PENNSYLVP N1A, acting by and through its DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT (the "Department ") at the COMMUNITY ECONOMIC DEVELOPMENT LOAN PROGRAM at the Pennsylvania Department of Labor and Industry, Loan Accounting, Box 884, Federal Square Station, Harrisburg, Pennsylvania 17108, or at such other place as the Department may direct, the principal sum of Eighty -Eight Thousand Dollars ($88,000) (the "Loan "), or so much thereof as will be disbursed to the Maker pursuant to the terms of the Loan Agreement between the Department and the Maker dated the same date as this Note (the "Loan Agreement "), together with interest as provided below, in lawful money of the United States of America, payable in monthly instalhments, a portion of which will be interest at the rate of 2% per annum on the outstanding principal balance calculated on the 30/360 accrual basis, and a portion of which will be a payment of principal. The first monthly payment of principal and interest is due on the first day of the month following the first full month after closing. The entire unpaid balance due will be paid on December 1, 2016 (the "Maturity Date "), or earlier if the repayment of the Loan is accelerated after Maker's default. Upon each disbursement, the level monthly payment will be set at an amount calculated to fully amortize the outstanding principal balance of the Loan by the Maturity Date. The Maker will onlybe charged for interest on the principal amount actually outstanding and any portion of the payment in excess of accrued interest will be applied to principal. The interest which accrues from the date of this Note through the last day of this month will be due at the same time and in addition to the first monthly installment of principal and interest. The monthly installments, and any partial prepayments, will be applied to any late charges, then to interest or., the unpaid principal. and the balance to principal. In addition, if the Maker fails to pay any monthly installment on the 17nal -Note ]'age I of 4 date that it is due, the Maker will pay a late charge of twelve and one -half percent (12-1/2%) per amium of any such over due amount to compensate the Department for damages suffered because of Maker's failure to make prompt payments. This Note is executed and delivered pursuant to the ]Loan Agreement, and is subject to all the tenns and conditions thereof This Note is entitled to the security provided for in the Loan Agreement. THE MAKER HEREBY COVENANTS AND AGP'.EES AS FOLLOWS: 1. All the terms, covenants, conditions and provisions of the Mortgage, the Security Agreement and the Loan Agreement are incorporated herein by reference: and are made a part hereof, and any breach or � thereof will constitute a breach or violation of this Note. Each of the following shall constitute an event of default hereunder (an "Event of Default "): (a) the Maker shall fail to pay any sum required to be paid by the Maker under this Note, the Loan Agreement, the Mortgage or the Security Agreement within thirty (30) days after the same becomes due and payable; or (b) there is an Event of Default as defined in the Loan Agreement. 3. Upon the occurrence of an Event of Default other than an Event of Default deriving exclusively from a breach of Section 9(b), " Job Retention," of the Loan Agreement (a "Job Retention Default "), pertaining to job retention, the Department may, in its discretion: (i) declare the whole unpaid balance of the principal indebtedness, together with all interest. thereon and all other sums due hereunder, due and payable immediately without notice to the Maker; and (ii) increase the rate of interest under this Note to a rate not to exceed the greater of twelve and one -half percent (12 ' /2 %) per annum or the prime interest rate plus two percent (2 %) per annum. For purposes of this Note, the prime interest rate shall be the rate o:" interest per annum specified as Prone Rate in the Wall Street Journal under the table entitled "Money Rates." The increased rate of interest shall apply retroactively to the first date of the event or conduct giving rise to the declaration of the Event of Default and continue until such Event of Default is cured, and all additional unpaid interest that accrues from the first date of the event or conduct giving rise to the declaration of the Event of Default shall be immediately due and payable. 4. Upon the occurrence of a Job Retention Default, the Department shall have the right to increase the rate of interest under this Note up to the prime interest rate plus two percent (2 %) per annum unless the penalty is waived by the Secretary of the Department because such noncompliance is due to f - Note I'age 2 of 4 circumstances beyond the control of the Borrower. The increased rate of interest shall be effective as set forth in a written notice from the Department to the Maker and continue prospectively until the Note is paid in full. Upon the occurrence of an Event of Default under this Note (of which an affidavit on behalf of the Department will be sufficient evidence), the Maker hereby irrevocably authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for and to enter and confess judgment against the Maker, at any time or times and as of any term, for the principal sum above mentioned, with or without declaration, with interest and costs of suit, without stay of execution, and with reasonable attorney's fees. The Maker agrees that any of its property may be levied upon to collect said judgment and may be sold upon a writ of execution, and hereby waives and releases all laws, now or hereafter in force, relating to exemption, appraisement or stay of execution. The authority hereby granted to confess judgment will not be exhausted by any exercise thereof, but will continue from time to time and at all times until the Maker has paid all sums required to be paid by the Maker under this Note, the Loan Agreement,the Mortgage and the Security Agreement and has performed all of the other provisions hereof or thereof to be performed by the Maker. 5. The Maker may make partial prepayments on the principal indebtedness at any t fine, without penalty or premium. The Maker may make prepayments of the entire principal indebtedness at any time, without premium and without the approval of the Department. 6. All of the covenants herein contained will accrue to the benefit of the successors and assigns, voluntary or involuntary, of the Department, including the Commonwealth. 7. The Maker hereby waives the technical requirements of demand, grace, presentment for payment, protest, notice of dishonor or nonpayment and notice: of the exercise of any option hereunder, except as notice and grace are specifically provided for in this Note or the Loan Agreement. 8. The remedies provided in this Note„ the Mortgage, the Security Agreement, and the Loan Agreement or otherwise available to the Department for the enforcement of the payment of the principal sum together with interest and the performance of the covenants, conditions, and agreements, matters and things herein and therein contained are cumulative and concurrent and the Department at its sole discretion may pursue them singly or successively or together and the Department may exercise them from time to time as often as occasion occurs until the Department has been paid all sums due in full. 9. The terms and provisions of this Note are severable. This means that if any of the terms, covenants, conditions or provisions of this Note are unenforceable or invalid under federal, state or other Final - Nate Page 3 of 4 applicable law, such unenforceability or invalidity will not make any other of the terms, covenants, conditions or provisions hereof unenforceable or invalid. If any waiver by Maker in this Note is prohibited by law, including but not limited to the waiver of exemption from execution, such waiver will be and be e'ecmed to be deleted herefrom. IN WITNESS WHEREOF, intending to be legallybound hereby, the Maker has caused this Note to be (July executed, the day and year first above written. W IINES S: r ' Dani--04arson, Jr. J' `'hzal - Note .Page 4 of 4 +iQLDrDOCUMENT:TO:LIGHTTO VFRIFrm WATERMARKS 000002 60 274 102.4 A02711 . ^2054720 808415 6493p635 FUND DEPT PREP DATE VOUCHER WARRANT - ID x FULT& BANK p tANC'ASTER �'PA V °� g; ; -r �tuntuenlLh o�! B/tJtSc .. S 1 f 9 8 J 244 1 VERIFICAT(ON "i_?OS1T(VEPAY' CD DATE E BE N1111 PAY O ONI FOUR F RE C�ISCfS - p TO THE ORDER of VOID AFTER 180 DAYS 49 673 rn DANIEL PARSON JR 7 : y DBA SHOOTING THE X 233 ALLEN RD N CARLISLE PA 17013 -9447 0 x TREASURER OF PENNSYLVANIA 06t,93063Sill 1:031302 ?Lal: 1219 53Bt,Till .. . - Commonwealth of Pennsylvania 000002 85 64930635 Remittance Advice Acct. Purcbase Order Invoice Invoice Payment Control Number Number Date Number Amount Community & Economic Develop 17300221 1902805892 0 10/2512011 N/A $49,673.25 d 0 a 0 0 .p o rn v w N U1 x Total Payment Amount - $49,67325 IF YOU HAVE ANY QUESTIONS CONCERNING THIS PAYMENT CALL 877 -435 -7363 DETACH CHECK AT PERFORATION HOLD DOCUMENT TO, LIGHT`TO WATERMARKS 000001 60 274 024 102? 1 S I ^2DS4720 808415 313 '000 ( 85 64930634 CDC FUND DEPT PREP DATE VOUCHER WARRANT IU' * Ff lLT,0N RANK cNa cK �qunseR LANCASTER,'PA VERIFICATIOLJ AVAILABLE PQSiTIVE PAY ":PF20TECTED k „ DATE PAY ONLY ' T� - o _ w TO G HE ORDER OF VOID AFTER 180 DAYS w DANIEL PARSON JR 38 32,6 75 v DBA SHOOTING THE X rn 233 ALLEN RD CARLISLE PA 17013 -9447 o TREASURER OF PENNSYLVANIA n ■6493063L,11' 1:03130271W31: L 2 L9 53847n' ti .Commonwealth of Pennsylvania 000001 85 64930634 Remittance Advice Acct. Purchase Order Invoice Invoice Payment Control Number Number Date Number Amount Community & Economic Develop 17300221 1902805887 0 10/25/2011 N/A $38,326.75 CD a A d 0 d W Cc W N V th w Total Payment Amount - $38,326.75 IF YOU HAVE ANY QUESTIONS CONCERNING THIS PAYMENT CALL 877 -435 -7363 DETACH CHECK AT PERFORATION .J/24/2011 Page 1 CED LOAN # 17300221 COMPTROLLER'S OFFICE P.O. BOX 884 PROJECT #210- 212 -297 H ARRIS B URG, PA 17108 -0884 TEL: 717 - 425 -6587 DANIEL F. PA RSON, Jr. d /b /a SHOOTING THE X Compound Period .......: Monthly Nominal Annual Rate...: 2.000 % Effective Annual Rate ..: 2.018 % Periodic Rate ..............: 0.1667 % Daily Rate _..._ ............: 0.00556 % CASH FLOW DATA Event Start Date Amount Number Period End D a_ to _ 1 Loan 12/01/2011 88,000.00 1 2 Payment 01/01/2012 1,542.44 59 Monthly 11/01/2016 3 Payment 12/01/2016 1,542.65 1 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Pa Interest Principal Bala Loan 12/01/2011 88, 000.00 2011 Totals 0.00 0.00 0.00 1 01/01/2012 1,542.44 146.67 1,395.77 86,604.23 2 02/01/2012 1,542.44 144.34 1,398.10 85,206.13 3 03/01/2012 1,542.44 142.01 1,400.43 83,805.70 4 04/01/2012 1,542.44 139.68 1,402.76 82,402.94 5 05/01/2012 1,542.44 137.34 1,405.10 80, 997.84 6 06/01/2012 1,542.44 135.00 1,407.44 79, 590.40 7 07/01/2012 1,542.44 132.65 1,409,79 78,180.61 8 08/01/2012 1.542A4 130.30 1,412.14 76, 768.47 9 09/01/2012 1,542.44 127.95 '1,414.49 75,353.98 10 10/01/2012 1,542.44 125.59 1,416.85 73, 937.13 11 11/01/2012 1,542.44 123.23 1,419.21 72,517,92 12 12/01/2012 1,542.44 120.86 1,421.58 71,096.34 2012 Totals 18,509.28 1,605.62 16,903.66 13 01/01/2013 1,542.44 118.49 1,423.95 69, 672.39 14 02/01/2013 1,542.44 116.12 1,426.32 68, 246.07 15 03/01/2013 1,542.44 11 3.74 1,428.70 66,817.37 16 04/01/2013 1,542.44 111.36 1,431.08 65, 386.29 17 05/01/2013 1,542.44 108.98 1,433.46 63,952.83 18 06/01/2013 1,542.44 106.59 1,435.85 62, 516.98 19 07/01/2013 1,542.44 104.19 1,438.25 61, 078.73 20 08/01/2013 1,542.44 101.80 1,440.64 59,638.09 21 09/0112013 1,542.44 99.40 1,443.04 58,195.05 22 10/01/2013 1,542.44 96.99 1,445.45 56,749.60 2.3 11/01/2013 1,542.44 94.58 1,447.86 55, 301.74 24 12/01 /2013 1,542.44 92.17 1,450.27 53,851.47 X0/24/20 Page 2 DANIEL F. P ARSON, Jr. d /b /a SHOOTING THE X Date Payment Interest Principal Balan 2013 Totals 18,509.28 1,264.41 17,244.87 25 01/01/2014 1,542.44 89.75 '1,452.69 52,398.78 26 02/01/2014 1,542.44 87.33 1,455.11 50,943.67 27 03/01/2014 1,542.44 84.91 1,457.53 49,486.14 28 04/01/2014 1,542.44 82.48 1,459.96 48,026.18 29 05/01/2014 1,542.44 80.04 1,462.40 46,563.78 30 06101/2014 1,542.44 77.61 '1,464.83 45,098.95 31 07/01/2014 1,542.44 75.16 '1,467.28 43,631.67 32 08/01/2014 1,542.44 72.72 1,469.72 42,161.95 33 09/01/2014 1,542.44 70.27 1,472.17 40,689.78 34 10101/2014 1,542.44 67.82 1,474.62 39,215.16 35 11/01/2014 1,542.44 65.36 1,477.08 37,738.08 36 12/01/2014 1,542.44 62.90 1,479.54 36,258.54 2014 Totals 18,509.28 916.35 17,592.93 37 01/0112015 1,542.44 60.43 1 ,482.01 34,776.53 38 02/01 /2015 1,542.44 57.96 1,484.48 33,292.05 39 03/01/2015 1,542.44 55.49 1 ,486.95 31, 805.10 40 04101/2015 1,542.44 53.01 1,489.43 30,315.67 41 05/01/2015 1,542.44 50.53 1,491,91 28,823.76 42 06/01/2015 1,542.44 48.04 1 ,494.40 27,329.36 43 07/01/2015 1 ,542.44 45.55 1,496,89 25,832.47 44 08/01/2015 1,542.44 43.05 1,499.39 24,333.08 45 09/01/2015 1,542.44 40.56 1,501.88 22,831.20 46 10/01/2015 1,542.44 38.05 1,504.39 21, 326.81 47 11/01/2015 1 35.54 1,506.90 19, 819.91 48 12/01/2015 1,542.44 33.03 1,509.41 18,310.50 2015 Totals 18.509.28 561.24 17,948.04 49 01/01/2016 1,542.44 30.52 1,511.92 16,798.58 50 02/01/2016 1 28.00 1,514.44 15,284.14 51 03/01/2016 1,542.44 25.47 1,516.97 13, 767.17 52 04/01/2016 1,542.44 22.95 1,519.49 12,247.68 53 05/01/2016 1,542.44 20.41 1,522.03 10,725.65 54 06/01/2016 1,542.44 17.88 1,524.56 9,201.09 55 07/01/2016 1,542.44 15.34 1,527.10 7,673.99 56 08/01/2016 1,542.44 12.79 1,529.65 6,144.34 57 09/01/2016 1,542.44 10.24 1,532.20 4,612.14 58 10/01/2016 1,542.44 7.69 1,534.75 3,077.39 59 11/01/2016 1,542.44 5.13 1,537.31 1,540.08 60 12/01/2016 1,542.65 2.57 1,540.08 0.00 2016 Totals 18,509.49 198.99 18,310.50 Grand Totals 92,546.61 4,546.61 88,000.00 KMIUI 1 -07 -11 CEDL #210- 212 -297 GUARANTY AND SURETY ,AGREEMENT of IAN AN THIS GUARANTY AND SURETYSHIP AGREEMENT is being made on this day of November, 2011, effective as of November 18, 2011, BY IAN ANDERSON, an individual (the "Guarantor "), to the COMMONWEALTH OF PENNSYLVANIA, acting by and through the DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT (the "Department "), having its principal place of business at Commonwealth Keystone Building, 400 North Street, Fourth Floor, Harrisburg, Pennsylvania 17120_ BACKGROUND OF AGREEMENT A. Daniel F. Parson, Jr. d/b /a Shooting the X (the "Borrower") has entered into a Loan Agreement with the Department dated the same date as this Guaranty (the "Loan Agreement ") for a loan from the Department to the Borrower in the principal amount of Eighty Eight Thousand Dollars ($88,000) (the "Loan "). B. The Loan and the obligations of the Borrower to repay the Loan with interest are contained in a Note from the Borrower to the Department dated the same date as this Guaranty (the "Note "), and are secured by a Mortgage, a Security Agreement and Financing Statement(s) in favor of the Department (collectively, the "Security Documents "). The Security Documents create alien on the real property on which Borrower's place of business is located of which Borrower is the owner in fee (the "Premises ") and a security interest in all business assets and other personal property on the Premises. The Loan Agreement, the Note and the Security Documents are sometimes collectively called the "Borrower's .Agreements," C. The proceeds of the Loan will be used by the Borrower toward the costs of a project described in the Loan Agreement (the "Project ") in connection with Borrower's business at the Premises located at 233 Allen Road, Carlisle, Cumberland County, Pennsylvania. D. The Department would not make the Loan without this Guaranty from the Guarantor. Final — Guaranty and Surety .1greement Page I of 9 NOW, THEREFORE, in order to induce the Department to make the Loan to the Borrower and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Guarantor does hereby agree as follows: L Unconditional Guaranty of Payment and Performance The Guarantor absolutely and unconditionally promises and guarantees to the Department the due and punctual payment and full and faithful performance of all amounts and obligations required to be paid or performed by the Borrower pursuant to the Borrower's Agreements when and as the same shall become due and payable or subject to performance, whether at maturity, by acceleration or otherwise according to the terns of the Borrower's Agreements. 2. Guaranty Not Affected The Guarantor agrees that neither an assignment nor a sale of the Premises will have any affect on the obligations assumed and guaranteed by the Guarantor, which shall continue with the same force and effect as if the assignment or sale had not been made. The Guarantor also agrees that the Department may make a claim against the Guarantor under this Guaranty and demand payment and performance by the Guarantor without any requirement that the Department proceed first against the Borrower, the Project, the Premises or any other collateral securing the Loan or any other entity hai ing liability for the Loan. The Guarantor agrees that the Department may make changes in any or all of the Borrower's Agreements (provided that those changes do not include an increase in the principal amount of the Loan, except by reason of increases to the principal from accrued and unpaid interest or other reimbursement obligations of the Borrower) and such changes will not discharge the obligations of the Guarantor under this Guaranty, which shall continue with the same force and effect as if the changes had not been made. 3. CONFESSION OF JUDGMENT AGAINST THE GUARANTOR IF ANY A OU DUE TO TIM DEPARTMENT UNDER THE NOTE THE SECURITY DO CUMENT[Sl OR T H E LOAN AGREEMENT REMAINS UNPAID OR IF THE BORROWER 1S IN DEFAULT U AN OF THE T ERMS OF THE BORROWER'S AGREEMENTS THEN THE GUA HEREBY A UTHORIZES A ND EMPOWF,RS IRREVOCABLY, THE PROTHONO CLERK OF COURT OR ANY ATT ORNEY OF ANY COURT OF RECORD TO AP FOR THE GUA IN SU COURT, I N TERM OR VACATION, AT ANY TIME AND CONFESS JUDGMENT IN F AVOR. OF THE D EPARTMENT, WITH OR WITHOUT THE FILIN OF AN AVERMENT OR DECLARATION OF D EFAULT, FOR SUCH AMOUNT AS MAY APPEAR TO BE UNPAID, ALL INTER DUE "I HER EON AND ALL REASONABLE C OSTS INCURRED IN _ CONNECTION W THE CO LLECTION OF SUCH AMOUNT TOGETHER WITH REASONABLE ATTORNEY'S F S. THE G UA RANTOR SHALL NOT CAUSE ANY B IN E UIT TO BE FILED TO INTERFER IN ANY MA NNER _W_ ITH THE OPERATION OF SUCH JUDGMENT, HEREBY RATIFYI AND CONFIRMIN ALL 'THAT SAID ATTOR MAY DO B VIRTUE HEREOF. T HE AU Filial — Guaranty and Surety Agreement Page 2 of 9 i I IIEREINABOVE GRANTED SHALL NOT BE EXHAUSTED BY ONE EXERCISE THERE BUT _ I UDGMENT MAY BE CONFESSED AS AFORESAID FROM TIME TO TIME AND AS OFT AS ANY DEFAULT SHALL OCCUR HEREUNDER. CONFESSION OF JUDGMENT MAY BE M ADE BY FILING COPIES OF THE BORROWER'S AGREEMENTS AND THIS GUARANTY AGRE IN LIEU OF ORIGINALS THEREOF. THE GUARANTOR ACKNOWLEDGES THAT GUARANTOR UNDERS THE ME ANING AND EFFECT OF THE CONFESSION CONTAINED IN THE FOREGOING PARAGRAPH. S PECIFICALLY, THE GUARANTOR UNDERSTANDS AMONG OTHER THIN THAT I ? GUA IS RELINQUISHING THE RIGHT TO HAVE NOTICE EXCEPT AS P HEREIN, AN OPP TO BE HEARD AND THE RIGHT TO HAVE THE BURDEN OF PROOF OF D EFAU LT REST ON THE DEPARTMENT PRIOR TO THE ENTRY OF JU (2) THE ENT OF JUDGMENT MAY RESULT IN A LIEN ON GUARANTOR'S E Q PERTY, (3) GUARANTOR WILL BEAR THE BURDEN AND EXPENSE OF ATTACKING THE J AND CHALLENGING EXECUTION ON THE LIEN AND SALE OF THE PROPERTY CO VERE D T HEREBY, AND (4) ENOUGH OF GUARANTOR'S PROPERTY MA BE TAKEN TO P AY THE PRINCIPAL AMOUNT. INTEREST, COSTS AND ATTORNEY'S FEES. 4. Guaranty as Suretyship Agreement This Guaranty will be interpreted and construed as a contract of suretyship in accordance with the laws of the Commonwealth of Pennsylvania. 5. Costs of Collection and Legal Fees In addition to all of the sums payable hereunder, the Guarantor agrees to pay the reasonable costs and expenses incurred by the Department in connection with all action taken to enforce collection under this Guaranty or any or all of the Borrower's Agreements upon default by the Borrower and the Guarantor, whether by legal proceedings or otherwise, including reasonable attorney's fees and court costs. 6. Guarantor's Review of the Borrower's Agreements The Guarantor has been afforded the opportunity to examine and review the Borrower's Agreements and understands the obligations of the Borrower which the Guarantor is agreeing to pay and perform. 1. Sub ordination of the Guarantor's Interests The Guarantor agrees that whatever right, title and interest the Guarantor may have in and to the Project shall be, and the same is hereby made, subject and subordinate to the security interest of the Security Documents. 8. Notic es . . Any notice or consent required or permitted by this Guaranty shall be in writing and shall be deemed delivered if delivered in person or if sent by registered or certified mail, postage pre -paid, return receipt requested, as follows, unless such address is changed by written notice hereunder: Final — Guaranty and Surety 9greement Page 3 of 9 (a) If to the Department: Commonwealth of Pennsylvania Department of Community and Economic Development Commonwealth Keystone Building 400 North Street, Fourth Floor Harrisburg, Pennsylvania 17120 Attention: Program Director - CEDL (b) if to the Guarantor: Ian Anderson 412 Shed Road Newville, Pennsylvania 17241 Notice shall be effective upon delivery if delivered in person or on the second business day following mailing if mailed. 9. Absolute and Unconditional Nature of Guarantor's Obligation The liability of the Guarantor under this Guaranty is absolute and unconditional, without regard to the liability of any other person. The Guarantor's liability will not in any manner be affected by reason of any action taken or not taken by the Department, which action or inaction is herein consented and agreed to, nor by the partial or complete unenforceability or invalidity of the Borrower Agreements or any other guaranty or surety agreement, pledge, assignment or other security for any of the obligations guaranteed hereunder. No delay in making; demand on the Guarantor or satisfaction of Guarantor's liability hereunder will prejudice the Department's right to enforce such satisfaction. All of the rights and remedies of the Department will be cumulative. Any failure of the D eparhment to exercise any right hereunder will not be construed as a waiver of the right to exercise the same or any other right at any time or times thereafter. 10. Pennsylvania Law Governs The Guarantor agrees that this Guaranty will be governed by the substantive law of the Commonwealth of Pennsylvania, including its statutes of limitations, but without regard to its principles of conflict of laws. The Guarantor hereby consents to the application of Pennsylvania law to this Guaranty and to the jurisdiction of the courts of the Commonwealth of Pennsylvania including, without limitation, the Common Pleas Courts of Dauphin County. H. The Guarantor's Consents and Waivers The Guarantor hereby: (a) Consents that the Department may without the Guarantor's consent and without affecting the Guarantor's obligations: Final — Guaranty and Surety Agreement Page 4 of 9 (i) Exchange, release or surrender any collateral under the SecurityDocument[s], or waive, release or subordinate any security interest, in whole or in part, now or hereafter held as security for any of the obligations guaranteed hereunder; (ii) Waive or delay the exercise ofany of the rights or remedies of the Department against the Borrower or any other person or entity, including, without limitation, the Guarantor; (iii) Release the Borrower or any other person or entity; (iv) Renew, extend, or modify the terns of any of the obligations guaranteed hereunder or any instrument or agreement evidencing the same; and (v) Apply payments by the Borrower, the Guarantor, or any other person or entity, to any of the obligations guaranteed hereunder. (b) Waives all notices whatsoever with respect to this Guaranty or with respect to the obligations guaranteed hereunder, except as provided in paragraph 3 hereinabove, including, without limitation, notice of: (i) The acceptance hereof by the Department or the intention to act, or the action, by the Department, in reliance hereon; (ii) The present existence or future incurring of any of the obligation, guaranteed hereunder or any terms or amounts thereof or any change therein; (iii) Any default by the Borrower or any surety, pledgor, grantor of security, or guarantor, and (iv) The obtaining or release of any guaranty or surety agreement (in addition to this Guaranty), pledge, assignment, or other security for any of the obligations guaranteed hereunder. The Guarantor waives notice of presentment, demand, protest and notice of non - payment, protest in relation to any instrument evidencing any of the obligations guaranteed hereunder, and any other demands and notices required by law, except as such waiver may be expressly prohibited by law. 12. Successors and Assigns This Guaranty will inure to the benefit of the Department and the Department's successors and assigns and will be binding upon the Guarantor, and the Guarantor's successors and assigns. 13. Repre and Warranties of the Gua rantor (s) . In order to induce the Department to enter into the Loan Agreement and to perform its obligations thereunder, the Guarantor makes the following representations and warranties to the Department: (a) The Guarantor is an adult individual of legal age and has unimpaired legal capacity to enter into contracts and agreements, including, without limitation, this Guaranty. This Agreement and each of the Loan Documents to which the Guarantor is a party constitute the duly authorized, legal and valid and Final — Guaranty and Surety Agreement Page 5 of 9 binding obligations of the Guarantor, except as the enforceability thereof may be limited by bankruptcy, insolvency, or other substantially similar laws of general application relating to the enforcement of creditors rights or by general principles of equity. (b) No approval is required to authorize, or is otherwise required in connection with, the execution, delivery and performance by the Guarantor of, or the legality, validity, binding effect or enforceability of the obligations of the Guarantor under, this Agreement or the Loan Documents to which Gu arantor is a party, including the making of any of the payments provided for herein or therein, the absence of which approval could have a material adverse effect on the ability of the Guarantor to make payments or perform and observe their other material obligations hereunder or thereunder, other than has been validly obtained. The Guarantor is not aware of any circurnstances as a result of which any such approval may be revoked or cancelled. (c) The Guarantor is not in default under any agreement to which Guarantor is a party which default could have a material adverse effect on the ability of such Guarantor to make payments hereunder or perform and observe his or her other material obligations hereunder, and the execution, delivery and performance of this Agreement and the Loan Documents to which the Guarantor is a party, the consummation of the transactions contemplated in this Agreement and the Loan Documents and the compliance with the terns and provisions of this Agreement and the Loan Documents to which Guarantor is a party, do not (i) contravene any provision of law, statute, rule or regulation to which the Guarantor is subject or any judgment„ decree, franchise, order or permit applicable to the Guarantor, or (ii) conflict with, or result in any breach of any of the terns, covenants, conditions or provisions of, or constitute a default order, or result in the creation or imposition of (or the obligation to create or impose) any lien upon any of the assets or revenues of the Guarantor pursuant to the terms of, any indenture, mortgage, deed of trust, agreement or other instrument to which the Guarantor is a party or by which Guarantor is bound or to which Guarantor may be subject. (d) "There are no court actions, suits or proceedings, and no proceedings before any arbitral tribunal or by or before any governmental commission, board, bureau or other administrative agency, pending or threatened in writing, against the Guarantor which could have a material adverse effect on the financial condition of the Guarantor or the ability of the Guarantor to perform their obligations under this Agreement or the .Loan Documents to which the Guarantor is a party. (e) All written agreements relating to the acquisition or construction or financing of the Project (the "Project Docuuments") (including any amendments thereto), originals or true and correct copies of which (or, if the Department shall have pennitted, fair and accurate summaries ofwhich) have heretofore been supplied to the Department, and the Loan Documents, will be in full force and effect on the Closing Date, and Final — Guaranty and Sureh� Agreement Page 6 of 9 there are in existence no agreements, laws, rules, regulations, orders, judgments, injunctions, decrees, resolutions, determinations, awards or other instruments whatsoever amending, supplementing or affecting, or affecting the rights and obligations of the Guarantor under the Loan Documents, or the Project Documents, in a manner which could have a material adverse effect on the ability of the Guarantor to make payments or to perfonn and observe the Guarantor's other material obligations under this Agreement, the Project Documents and Loan Documents to which the Guarantor is and on the Closing Date will be a party. (f) To the best knowledge and belief of the Guarantor, all information supplied to the Department in connection with the Loan Documents, as of the respective dates of such materials were, and as of the date hereof, are true and accurate in all material respects and did not and do not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein not misleading, provided that (i) the statements therein describing documents and agreements are summaries only and such summaries are qualified by reference to such documents and agreements, and (ii) to the extent any such information therein provided by the Guarantor was based upon or constitutes a forecast, projection or other data which by its nature is uncertain, the Guarantor represents only that Guarantor acted in good faith and utilized due and careful consideration and the best inforniation known to them Guarantor in the pr -.paration of such information. (g) No default with respect to any agreement pursuant to which the Guarantor, or any affiliate the Guarantor, has borrowed money or (except for (i) endorsement of negotiable instruments in the ordinary course of business or (ii) guaranties in the ordinary course of business of travel or relocation expenses of employees in non - material amounts) guaranteed the obligations of others has occurred and is continuing which default potentially may have a material adverse effect on the financial condition of the Guarantor. (h) All financial statements of the Guarantor and all supplementary financial information delivered to the Department fairly present what they purport to present as of the dates and for the periods presented. Guarantor has no material direct or indirect, absolute or contingent, liabilities except as shown therein. Since the date of the most recent financial statements furnished to the Department prior to approval of the Loan by the Department there has not been a material adverse change in the financial condition of the Guarantor. (i) Guarantor has good and marketable title to all assets shown as owned by Guarantor in the financial statements delivered to the Department in connection with the Application, subject to no mortgage, lien, pledge, judgment, or encumbrance except as previously disclosed to the Department in writing. (j) Except as disclosed in an Exhibit hereto, the Guarantor has not been convicted by any court of any felony, or any misdemeanor involving theft, dishonesty, deception, false swearing, or the filing or submission of any false or misleading information to any agency of government. Final — Guaranty and Suretv Agreement PaA,e 7 of 9 14. Docum under Seal This Guaranty is intended to be a document under seal. 15. Term of Guaranty This Guaranty shall be effective from the date hereof until the payment in full of all amounts due under the Loan or any of the Borrower's Agreements. [Signatures on Next .Page] Final — Guaranty and Surety ,1greement Pu €,e 8 of 9 IN WITNESS WHEREOF, the Guarantor, intending to be legally bound hereby, has executed this Guaranty Agreement, as of the day and year first above written, for the purposes herein stated. WITNESS: Ian Anderson Final — Guaranty and Surety Agreement PaA,e 9 of 9