HomeMy WebLinkAbout14-0766 u } THE P O l F i0N0 Iti 1i
Matthew C. Sarnley, Esquire
REESE, SAMLEY, WAGENSELLER FrB 0 Pfl 1 : 3
MECUM & LONGER, P.C. CCIII Y
Attorney I.D. No.: 65442 PENNSYLVANIA .
120 North Shippen Street
Lancaster, PA 17602
(717) 393 -0671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
COMMUNITY FIRST FUND,
Plaintiff
vs. No.
CHARLES W. ANDREWS, CONFESSION OF JUDGMENT
Defendant
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original 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 the Defendant as follows:
Principal Sum $ 20,960.04
Interest $ 20.82 (plus ongoing interest
at the rate of 12.94% per annum)
Attorneys' Fees $ 2.098.09
TOTAL $ 23,509.87 (as of 11/30/13)
REESE, SAMLEY, WAGENSELLER
MECUM & LONGER, P.C.
Date: 2 / G l
Matthew C. Samley, Esqdlre
Attorney I.D. No.: 65442
Attorneys for Plaintiff
�- / 6) D
CW
/z# 30 /�/�9
Matthew C. Samley, Esquire
REESE, SAMLEY, WAGENSELLER,
MECUM & LONGER, P.C.
Attorney I.D. No.: 65442
120 North Shippen Street
Lancaster, PA 17602
(717) 393 -0671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
COMMUNITY FIRST FUND,
Plaintiff
VS. No.: �- 76
CHARLES W. ANDREWS, CONFESSION OF JUDGMENT
Defendant
COMPLAINT
Community First Fund, Plaintiff herein, by and through its attorneys Reese, Samley,
Wagenseller, Mecum & Longer, P.C., files this Complaint to confess judgment against Charles
W. Andrews, Defendant herein, pursuant to Pa.R.C.P. §2950 et seq. and support thereof and
avers as follows:
1. Plaintiff is Community First Fund, with an address of its principal office at 30
West Orange Street, Lancaster, Lancaster County, Pennsylvania 17608.
2. Defendant is Charles W. Andrews, with an address of 10 North Hanover Street,
Carlisle, Cumberland County, Pennsylvania 17013.
3. On or about February 11, 2010, Defendant, Charles W. Andrews, executed a
Commercial Guaranty, absolutely and unconditionally guaranteeing the obligations of Handmade
Food LLC d /b /a The Green Room to Plaintiff. A true and correct copy of the Promissory Note
of Handmade Food, LLC d /b /a The Green Room is attached hereto as Exhibit "A" and
incorporated herein by reference. A true and correct copy of the Commercial Guarantee is
attached hereto as Exhibit `B" and incorporated herein by reference.
4. On February 11, 2010, Defendant, Charles W. Andrews, executed a mortgage in
favor of Plaintiff in the principal amount of Forty -Four Thousand Five Hundred ($44,500.00)
Dollars, the same being recorded on March 3, 2010, in the Cumberland County Recorder of
Deeds Office as Instrument Number 201005363. A copy of the recorded Mortgage is attached
hereto and incorporated by reference as Exhibit "C." The real estate is otherwise known as 10 -12
North Hanover Street, Carlisle Borough, Cumberland County, Pennsylvania, and further
identified as Tax Parcel Number 05 -21- 0320 -107.
5. The Commercial Guaranty executed by Defendant has not been assigned.
6. No judgment on the foregoing Commercial Guaranty has been entered in any
jurisdiction in the United States.
7. Judgment is not being entered by confession against any natural persons in
connection with a consumer credit transaction.
8. Handmade Food, LLC d/b /a The Green Room has defaulted on the Promissory
Note by not paying the required payments of principal and interest when due. The following is
due as of November 30, 2013:
Principal Sum $ 20,960.04
Interest $ 20.82 (plus ongoing interest
at the rate of 12.94% per annum)
Attorneys' Fees $ 2.098.09
TOTAL $ 23,509.87 (as of 11 /30/13)
9. Plaintiff s attorney is authorized by warrant, incorporated by the Commercial
Guaranty attached to this Complaint, to appear for the Defendant and confess judgment against
Defendant for the above total sum.
i
WHEREFORE, Plaintiff demands judgment against Defendant as authorized by the
Promissory Note for Twenty -Three Thousand Five Hundred Nine and 87/100 ($23,509.87)
Dollars along with ongoing interest, attorneys' fees and costs of suit.
Respectfully submitted
REESE, SAMLEY, WAGENSELLER,
MECUM & LONGER, P.C.
Date: 2 G l
Matthew C. Samle E it
y, u e
Attorney I.D. No.: 65442
Attorneys for Plaintiff
VERIFICATION
I, Gary Johnson, on behalf of Community First Fund of which I am the Vice President of
Loan Administration, have read the foregoing Complaint and hereby affirm that it is true and
correct to the best of my personal knowledge, or information and belief. The language of the
foregoing is that of my own. This verification and statement is made subject to the penalties of
18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Date: 1. 2 71 -14 By:
Gary n, ice President of
Loan Administration
Community First Fund
30 West Orange Street
Lancaster, PA 17608
PROMISSORY NOTE
...__._. Principai_.__.._.. _..Loan..Date -- .._Maturity....... - --....—Loan- No—.-.— .._._...call./. call- .__.... Account ............ I Officer........initials -
5441500.00 02 -11 -2010 02 -15 -2017 2009 -01694 Mortgage
References In the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing "• has been omitted due to text length limitations.
Borrower: Handmade Food, LLC d/b /a The Green Room Lender: COMMUNITY FIRST FUND
36 West High Street 30 West Orange Street
Carlisle, PA 17013 P. O. Box 524
LANCASTER, PA 17608.0624
4717)393.2361
Principal Amount: $44,500.00 Date of Note: February 11, 2010
PROMISE TO PAY. Handmade Food, LLC d/b/a The Green Room ( "Borrower ") promises to pay to COMMUNITY FIRST FUND 4 "Lender "), or
order, in lawful money of the United States of America, the principal amount of Forty -four Thousand Five Hundred & 00/100 Dollars
($44,600.00), together with interest on the unpaid principal balance from February 10, 2010, calculated as described In the "INTEREST
CALCULATION METHOD" paragraph using an interest rate of 8.940°x6 per annum based on a year of 360 days, until paid in full. The interest
rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT" section.
PAYMENT. Borrower will pay this loan in 84 payments of $718.19 each payment. Borrower's first payment is due March 15, 2010, and all
subsequent payments are due on the some day of each month after that. Borrower's final payment will be due on February 15, 2017, and will
be for all principal and all accrued interest not yet paid. Payments include principal and interest. Unless otherwise agreed or required by
applicable law, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid
collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing.
INTEREST CALCULATION METHOD. interest on this Note is computed on a 3651360 basis: that Is, by applying the ratio of the Interest rate
over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is
outstanding. All Interest payable under this Note Is computed using this method.
PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of 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 law. Except for the
foregoing, Borrower may pay without penalty all or a portion of the amount owed earlier then it is due. Early payments will not, unless agreed
to by Lender in writing, relieve 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. if Borrower sends 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
communicatlons concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes
"payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be
mailed or delivered to: COMMUNITY FIRST FUND, PO BOX 524 LANCASTER, PA 17608.0624.
LATE CHARGE. If a payment is 5 days or more late, Borrower will be charged 10.000% of the regularly scheduled payment or $15.00,
whichever is greater.
INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by 4.000
percentage points. 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
law.
DEFAULT. Each of the following shall constitute an event of default ( "Event of Default') under this Note:
Payment Default. Borrower fails to make any payment when due under this Note.
Other Defaults. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained in this Note 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 property or
Borrower's ability to repay this Note or perform Borrower's obligations under this Note 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
Note 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.
Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue Is made), any member withdraws from
Borrower, or any other termination of Borrower's existence as a going business or the death of any member, 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.
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 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.
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 dis y under, any guaranty of the indebtedness
evidenced by this Note. EXHIBIT
Adverse Change. A material adverse change occurs in Bar ender believes the prospect of payment or
performance of this Note is impaired.
Insecurity. Lender in good faith believes itself insecure. s
�.
PROMISSORY NOTE .
�mmm ��: ���������� ���������) 2
— _ ........ ............... -_____--_'_-'______ .......... .......... ....
�-_- -
Cure pmwmonn If any default, other than a default In payment Is curable and V Borrower has not been notice of a breach of th
contin some provision of this Note within the preceding twelve (1 2) months, it may be cured if Borrower, after Lender sends written notice to
Borrower demanding cure of such default: (1) cures the default within fifteen 116) days; or (2) if the cure requires more than fifteen (16)
days, Immediately Initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter
_--___--_-----. s su _ p complia ~. s oon ..reaso prac ~
LENDER'S RIGHTS. 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.
ArTmnmsYS` FEES: EXpemasa' Lender may hire v, pay someone else to help collect this mmo if Borrower does not pay. au,rowm, will nov
Lender that amount. This includes, subject to any limits under applicable |uw Lender's reasonable attorneys' fees and Lender's legal
whether v,not there Is m lawsuit, Including °nomnnaW" wtmm*vo vuom, wvpon000 for buok,vptuv pmcwonmoo <inx|vd|nmef/v,m to modify o,
vacate any automatic stay m|njunvtm,). and appeals. w not prohibited by applicable law. Borrower also will pay any court umomo In addition to
all other sums provided uvfew.
JURY WAIVER. Lender and Borrower hereby womo the right tm any jury trial In any ooWn* pmo"mdino, p,counterclaim brought by n/tho, con*n,
o° Borrower against the othe
GOVERNING LAW. This Note will bw governed by federal low applicable mm Lender and, vo the extent not preemp hv federal law, the laws wv
the Commonwealth of Pennsylvania vvitxvvt ,000,m to Its **nm*mo of law provisions. This mw*o has been wocmnxow by xenuw/ In the
Commonwealth w,Pennsylvania.
CHOICE OF wEmus' If there in o lawsuit, Borrower agrees upon Lender's mqvowt to submit to the jurisdiction of the courts of LANCASTER
County, Commonwealth m,Pennsylvania.
DISHONORED ITEM pss. Borrower will pay u fee ,v Lender nv $25.00 If Borrower makes apayment on Borrower's loan and the check or
mmuuthndzod charge with which Borrower pays io later dishonored.
COLLATERAL. Borrower acknowledges this mom is emmwm by the following woxom,ei 4ascdbou |n the security instruments listed herein:
(4) o/wv,,uoge dated February 11, 2010, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(8) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania.
(C) Inventory, ohvuo| paper. uvuuw*to, equipment, eone,W Intangibles, consumer goods and fixtures described |noCommercial Seuvwm
Agreement dated February 11'20v0.
'BORROWER REPORTING REQUIRMENTS. Borrower agrees to additional provisions as follows:
For *x long as the loan Is outstanding, borrower must provide internal quarterly financial statements, Incl b sheets, and yea end tax
returns and/or accountant prepared statements and be ava to discuss the progress of the business with Community First *vneeded.
SUCCESSOR imTawemvm. The terms of this Note snm| be binding upon am,n,°,o,, and upon Borrower's heirs, personal ,epraoamativws,
successors and assigns, and shall Inure xo the benefit or Lender and Its successors and assigns.
msmswAL eRmw|nIomS^ If any part o, this Note cannot be e"u,,oed\ this mout will not affect the rest of the Note. Lender may delay p,forgo
enforcing any pv Its rights o, remedies under this Note without losing them. Borrower and any other person who signs, guarantees n,endorses
this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change m the terms o,this
Note, and unless otherwise expressly stated io writing, mn party who signs this Note, whether as maker, *vv,onmor, accommodation maker u,
endorser, shall hu released from xvmxtv. All such parties agree that Lnnum, may mmow or extend (mmwumd|v end for any length ovtime) this
loan w, release any party m guarantor m, collateral; o,Impair, fail *u realize upon m,perfect Lender's security Interest |n the collateral; and take
any other action deemed necessary by Lender vwmvvt the consent ovu,notice to anyone. All such parties also agree that Lender may modify
this loan without the consent orw, nuuoo wv anyone other than the party with whom the modification ixmade. The obligations under this mwu,
are joint and several. If any portion of this Note Is for any kason determined to be unenforceable, it will not effect the enfor of any
other provisions vf this No
_ oOmraSaxOm OF JuDmmsmx. monnOxvEn *EnsmY IRREVOCABLY 4uTwOn|ZsS AND EMPOWERS ANY xTronwev OR THE
pgoTHomPT4nY 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 p|Lso' CONFESS On smTsn JUoowsmT
AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE op THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND
ALL AMOUNTS EXPENDED On ADVANCED aY LENDER RELATING nO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS
OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR
o#LLsCT/mm' BUT IN ANY EVENT NOT LESS THAN FIVE *mmmRsm DOLLARS <$soo> om WHICH JUDGMENT on JUDGMENTS ONE On
MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL
os SUFFICIENT WARRANT. THE AuT*onn'v mnAwxso IN THIS mmTs TO ComFcmm JUDGMENT AGAINST BORROWER SHALL NOT as
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 rO NOTICE OnnO A
wsAn|mm |m CONNECTION WITH ANY SUCH CONFESSION mp JUDGMENT AND STATES THAT EITHER REPRESENTATIVE mpLENDER
SPECIFICALLY CALLED THIS CONFESSION OF JunmxxsmT pnovm/om To gonROxven'S 4rrsmT|ow on oonnoxvsn HAS BEEN
REPRESENTED av INDEPENDENT LEGAL CouwosL.
__P_ROMISSORY_NOTE
Loan No: 2009 -01694 (Continued) Page 3
PRIOR TO SIGNING THIS NOTE, BORROWER READ AND - UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. 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:
HANDMADE FOOD, LLC 0 /B /y��MEM_REE� O'OM
BY '� (Seal)
r s at �'A d s, Ma ag r of
H40mikdo
Food, LLC dlbha the Green Room
LENDER:
COM T77 D
X
Douglas Weis r, In Officer
USER EM1O lu:'atq, vn. S.V.N.0O3 CcP• Nrle+d inne1.19:�trw+.. Irit: 1977.201P. M R" Pewr`M. - OA 1..Cn,ER1070.EC 7x.709, Ea +1
"'OMMERCIAL GUARANTY
- " Ptialpal .. – Loan - Date - - Maturity— -- Loan - No — -- Call. /- coo - - - - -- — Account__..._ I-officer-- _Initials._.... ._._..........
Mortgage * *'
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containin "' * *" has been omitted due to text length limitations.
Borrower: Handmade Food, LLC d/b/a The Green Room Lender: COMMUNITY FIRST FUND
36 West High Street 30 West Orange Street
Carlisle, PA 17013 P. O. Box 524
LANCASTER. PA 17608 -0524
(717) 393 -2351
Guarantor: Charles W. Andrews
10 North Hanover Street
Carlisle, PA 17013
CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally
guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all
Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so
Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to
pay the Indebtedness or against any collateral securing the indebtedness, this Guaranty or any other guaranty of the Indebtedness. Guarantor
will make any payments to Lender or its order, on demand, In legal tender of the United States of America, in same -day funds, without set -off or
deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty,
Guarantor's liability is unlimited and Guarantor's obligations are continuing.
INDEBTEDNESS. The word "Indebtedness" as used in this Guaranty means all of the principal amount outstanding from time to time and at any
one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable
attorneys' fees, arising from any and all debts, liabilities and obligations of every nature or form, now existing or hereafter arising or acquired,
that Borrower individually or collectively or interchangeably with others, owes or will owe Lender. "Indebtedness" includes, without limitation,
loans, advances, debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate
protection agreements or foreign currency exchange agreements or commodity price protection agreements, other obligations, and liabilities of
Borrower, and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance,
consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their
terms or acceleration; absolute or contingent; liquidated or unliquidated; determined or undetermined; direct or indirect; primary or secondary in
nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or
non - negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason
whatsoever; for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then
reduced or extinguished and then afterwards Increased or reinstated.
If Lender presently holds one or more guaranties, or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties
shall be cumulative. This Guaranty shall not (unless specifically provided below to the contrary) affect or invalidate any such other guaranties.
Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties.
CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND
PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR
HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE
INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY
REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO
BALANCE FROM TIME TO TIME.
DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any
notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness Incurred or contracted before receipt by Lender of
any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have
been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of
revocation must be mailed to Lender, by certified mail, at Lender's address listed above or such other place as Lender may designate In writing.
Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written (evocation.
For this purpose and without limitation, the term "now indebtedness" does not include the Indebtedness which at the time of notice of
revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this
purpose and without limitation, "new indebtedness" does not Include all or part of the Indebtedness that is: incurred by Borrower prior to
revocation; incurred under a commitment that became binding before revocation; any renewals, extensions, substitutions, and modifications of
the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or
Incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing, Guarantor's executor or administrator or other
legal representative may terminate this Guaranty in the some manner in which Guarantor might have terminated it and with the same effect.
Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this
Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this
Guaranty. it is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty, and Guarantor
specifically acknowledges and agrees that reductions In the amount of the Indebtedness, even to zero dollars (50.00), shall not constitute a
termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the
Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars 00.00).
GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or
demand and without lessening Guarantor's liability under this Guaranty, from time to time: (A) prior to revocation as set forth above, to make
one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend
additional credit to Borrower; (B) to alter, compromise, renew, extend, accelerate, or otherwise change one or more times the time for payment
or other terms of the indebtedness or any part of the Indebtedness, including increases and de as of the rate of interest on the
Indebtedness; extensions may be repeated and may be for longer than the and hold security for the payment of
this Guaranty or the Indebtedness, and exchange, enforce, waive, subordi EXHIBIT and release any such security, with
or without the substitution of new collateral; (D) to release, substitute, a one or more of Borrower's sureties,
endorsers, or other guarantors on any terms or In any manner lender ow, when and what application of
payments and Credits shall be made on the Indebtedness; (F) to apply s a or manner of sale thereof, including
without limitation, any nonjudicial sale permitted by the terms of the cont r a of trust, as Lender In its discretion
may determine; (G) to sell, transfer, assign or grant participations in all and (H) to assign or transfer this
COMMERCIAL GUARANTY
Loan No: 2009 -01694 (Continued) Page 2
Guaranty in whole or In part.
GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or
agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty, (B) this Guaranty is
executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power, right and authority to enter into this Guaranty;
ID) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor
and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (E) Guarantor has not and will not, without
the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of
Guarantor's assets, or any interest therein; (F) upon Lender's request, Guarantor will provide to Lender financial and credit information In form
acceptable to Lender, and all such financial information which currently has been, and all future financial Information which will be provided to
Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial
information Is provided; (G) no material adverse change has occurred In Guarantor's financial condition since the date of the most recent
financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)
no litigation, claim, Investigation, administrative proceeding or similar action (including those for unpaid taxes) against Guarantor is pending or
threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established
adequate means of obtaining from Borrower on a continuing basis Information regarding Borrower's financial condition. Guarantor agrees to
keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Guarantor's risks under this
Guaranty, and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by
Lender In the course of its relationship with Borrower.
GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending
money or to extend other credit to Borrower; (B) to make any presentment, protest, demand, or notice of any kind, Including notice of any
nonpayment of the indebtedness or of any nonpayment related to any collateral, or notice of any action or nonaction on the part of Borrower,
Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional
loans or obligations; (C) to resort for payment or to proceed directly or at once against any person, including Borrower or any other guarantor;
(D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; (E) to give
notice of the terms, time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with
any other applicable provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power; or (G) to commit any
act or omission of any kind, or at any time, with respect to any matter whatsoever.
Guarantor also waives any and all rights or defenses based on suretyship or Impairment of collateral Including, but not limited to, any rights or
defenses arising by reason of (A) any "one action" or "anti•deficlency" law or any other law which may prevent Lender from bringing any
action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action,
either judicially or by exercise of a power of sate; (B) any election of remedies by Lender which destroys or otherwise adversely effects
Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of
rights Guarantor may suffer by reason of any taw limiting, qualifying, or discharging the Indebtedness; (C) any disability or other defense of
Borrower, of any other guarantor, or of any other person, or by reason of the cessation of Borrower's liability from any cause whatsoever, other
than payment in full in legal tender, of the indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified
impairment of any collateral for the Indebtedness; (E) any statute of limitations, if at any time any action or suit brought by Lender against
Guarantor Is commenced, there is outstanding Indebtedness which Is not barred by any applicable statute of limitations; or (F) any defenses
given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower,
whether voluntarily or otherwise, or by any third party, on the Indebtedness and thereafter Lender is forced to remit the amount of that payment
to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the
Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty.
Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any
claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the
Borrower, the Guarantor, or both.
GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above Is
made with Guarantor's full knowledge of Its significance and consequences and that, under the circumstances, the waivers are reasonable and
not contrary to public policy or few. If any such waiver is determined to be contrary to any applicable law or public policy, such waiver shall be
effective only to the extent permitted by law or public policy.
COLLATERAL. This Guaranty is secured by 10 North Hanover Street, Carlisle, PA 170133.
SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter
created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes
Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any
claim that Lender may now or hereafter have against Borrower. in the event of insolvency and consequent liquidation of the assets of Borrower.
through bankruptcy, by an assignment for the 'benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to
the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness.
Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in
bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in I
legal tender of the Indebtedness. If Lender so requests, any notes or credit agreements now or hereafter evidencing any debts or obligations of
Borrower to Guarantor shalt be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor
agrees, and Lender Is hereby authorized, in the name of Guarantor, from time to time to fife financing statements and continuation statements
and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect, preserve and enforce its rights
under this Guaranty.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty:
Amendments. This Guaranty, together with any Related Documents, constitutes the entire understanding and agreement of the parties as
to the matters set forth In this Guaranty. No alteration of or amendment to this Guaranty 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.
Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable
attorneys' fees and Lender's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may hire or pay
someone else to help enforce this Guaranty, and Guarantor 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 (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any
anticipated post - judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the
court.
COMMERCIAL GUARANTY
Loan No: 2009 -01694 (Continued) Page 3
Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the
provisions of this Guaranty.
Governing Law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the
laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions.
Choice of Venue. If there Is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of LANCASTER
County, Commonwealth of Pennsylvania.
Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the
opportunity to be advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parof
evidence is not required to interpret the terms of this Guaranty. Guarantor hereby Indemnifies and holds Lender harmless from all losses,
claims, damages, and costs lincluding Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the
warranties, representations and agreements of this paragraph.
Interpretation. in all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall
be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower
named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor"
respectively shall mean all and any one or more of them. The words "Guarantor," "Borrower," and "Lender" include the heirs, successors,
assigns, and transferees of each of them. if a court finds that any provision of this Guaranty is not valid or should not be enforced, that
fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the
provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. if any one or more of
Borrower or Guarantor ere corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire
Into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on
their behalf, and any Indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under this
Guaranty.
Notices. Unless otherwise provided by applicable law, any notice required to be given under this Guaranty shall be given in writing, and,
except for revocation notices by Guarantor, 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 mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty.
All revocation notices- by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this
Guaranty entitled "DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty 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, Guarantor
agrees to keep Lender Informed at all times of Guarantor's current address. Unless otherwise provided by applicable law, It there is more
than one Guarantor, any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under th riting and
signed by Lender. No delay or omission on the part of Lender in exercising any righ shall operate ws ARWO such right o any other
right. A waiver by Lender of a provision of this Guaranty shall not prejudice or cons tut f;193f??t
e a waive8QW& At otherwise demand
strict compliance with that provision or any other provision of this Guaranty. No prior elver by Lendgjnlourse of dead between
Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of ugr M0JpJ Arpj��tr sections.
Whenever the consent of Lender Is required under this Guaranty, the granting of such onsertpA �l � no onstitute
continuing consent to subsequent instances where such consent is required and in a ithheld in
the sole discretion of Lender.
Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either
Lender or Guarantor against the other.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. 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 Guaranty shall have the meanings attributed to such terms In the Uniform Commercial Code:
Borrower. The word "Borrower" means Handmade Food, LLC d/b /a The Green Room and includes all co- signers and co- makers signing
the Note and all their successors and assigns.
Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Charles W. Andrews, and in each
case, any signer's successors and assigns.
Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender.
Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty.
Lender. The word "Lender" means COMMUNITY FIRST FUND, its successors and assigns.
Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and /or credit agreements evidencing
Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations
of and substitutions for promissory notes or credit agreements.
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, i
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. !
CONFESSION OF JUDGMENT. GUARANTOR 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 GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER
JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE
CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE
INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10°x) OF THE UNPAID
PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500)
ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS GUARANTY OR
A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY
TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL
COMMERCIAL GUARANTY
Loan No: 2009- 01694 (Continued) Page 4
CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY.
GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR 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 GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL.
EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS
TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND
DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH
IN THE SECTION TITLED "DURATION OF GUARANTY ". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY
EFFECTIVE. THIS G RANTY IS DATED FEBRUARY 11. 2010.
THIS GUARANT S IVEN U DER SEAL AND IT TENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT
OF A SEALED S UME CCORDING f0 LA
GUARANTO /
X
Chars s W. Andrews
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY 0 IC,U2C�� Qn 1, )SS
i , t day of , 20 �_, before me
the undersigned Notary Public, personail appeared Charles W. Andrews, known to me for satisfactorily
pro en) o be the person whose name is subscribed to the within instrument, and acknowledged that he or she executed the same for the
purposes therein contained.
In ness w iereo dt1 ;rn; @ my hand an official seal.
WCHELLE RAM08
Pik
LANCASTER CITY, LOCASM COUNTY Notary Public in and for the State of
My Ctm INISIN fqkft #Ash 24, 2013
LAS [A SAO W4,q. Ve. S.41.00.003 Cap. $W d F—W SaVtea . a c. 1937. 7010. A A01% ft. owed. • 1A 41C R 1►UE70.7C TP n3 ►0..1
I
1�
001 QLB
Parcel Identification
Number:
05- 21.0320 -107
RECORDATION
REQUESTED BY:
COMMUNITY FIRST FUND
30 West Orange Street
P. O. Box 624
LANCASTER, PA
17608.0624
WHEN RECORDED MAIL
TO:
COMMUNITY FIRST FUND
30 West Orange Street
P. 0. Box 524
LANCASTER, PA
17608.0524
SEND TAX NOTICES TO:
COMMUNITY FIRST FUND
30 West Orange Street
P. 0. Box 524
LANCASTER, PA
17608.0524 FOR RECORDER'S USE ONLY
MORTGAGE
Amount Secured Hereby: $44,500.00
THIS MORTGAGE dated February 11, 2010, is made and executed between Charles W.
Andrews, whose address is 10 North Hanover Street, Carlisle, PA 17013 (referred to below as
"Grantor ") and COMMUNITY FIRST FUND, whose address is 30 West Orange Street,.P. O. Box
524, LANCASTER, PA 17608 -0524 (referred to below as "Lender ").
GRANT OF MORTGAGE. For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers,
releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the following described
real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements,
hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and
remainders with respect thereto; all water, water rights, watercourses and ditch rights (including stock in utilities with
ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
limitation all minerals, oil, g as, geothermal and similar matters, (the "Real Property ") l ocated in Cumberland
County, Commonwealth of Pennsylvania:
All that certain tract of land situate in the Borough of Carlisle, County of Cumberland
Pennsylvania with improvements thereon, as more particularly described in a deed recorded
in the Cumberland County Recorder's Office in Record Book 146 Page 337
The Real Property or Its address is commonly known as 10 -12 North Hanover Street, Carlisle,
PA 17013. The Real Property parcel identification number is 05 -21- 0320 -107.
CROSS -CO LLATERALIZATION. In addition to the Note, this Mortgage secures all obligations, debts and liabilities, plus
interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender
against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or
unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect,
determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be
liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and
whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender
is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans,
extensions of credit and other liabilities or obligations of Grantor to Lender, then this Mortgage shall not secure
additional loans or obligations unless and until such notice is given.
f
EXHIBIT
9
COMMERCIAL SECURITY AGREEMENT
Loan No: 2009 -01694 (Continued) Page 6
..............
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 with the Indebtedness.
GRANTOR HAS READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS COMMERCIAL SECURITY AGREEMENT AND AGREES TO ITS
TERMS. THIS AGREEMENT IS DATED FEBRUARY 11, 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.
GRANTOR:
HANDMADE FOOD, LLC D /B /A THE GREEN ROOM
By: (Seat)
Charles Patrick Andrews, Manager of Handmade
Food, LLC d /b /a The Green Room
LENDER:
COMMUNITY FIRST FUND
X
Douglas Weiser, Loan Officer
USER M0 Un0y. YN. 5.46.00.003 C.W. WMO f—im 5o4rcn,, 4K. 1H7. 2010. Ae "ft A—Ved. • ►A MCA:LPL1E40.EC iR RB FR-1
MORTGAGE
(Continued) Page 2
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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
ANY AND ALL OBLIGATIONS UNDER THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE
FOLLOWING TERMS:
GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency"
law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for
deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
or completion of any foreclosure action, either judicially or by exercise of a power of sale.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at
Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into
this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result In a
default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law,
regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from
Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower).
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower and Grantor shall pay to
Lender all Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all
Borrower's and Grantor's obligations under this Mortgage.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's
possession and use of the Property shall 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 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.
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, (a) any breach or violation 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 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 nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
all applicable federal, state, and local laws, regulations and ordinances, Including without limitation all
Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for 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 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 Lender against any and all claims, losses,
liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether
or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,
Including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in
the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
MORTGAGE
(Continued) Page 3
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 Real Property at all
reasonable times to attend to Lender's interests and to Inspect the Real Property for purposes of Grantor's
compliance with the terms and conditions of this Mortgage.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the
Property, including without limitation, the Americans With Disabilities Act. 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 Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
Interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety
bond, reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
acts, in addition to those acts set forth above in this section, which from the 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 prior written consent, of all or any part of the Real
Property, or any interest 'In the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
title or interest In the Real Property, whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
than three (3) years, lease - option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any
Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
than twenty -five percent (26 %) of the voting stock, partnership Interests or limited liability company interests, as the
case may be, of such Grantor. However, this option shall 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 on the Property are part of this Mortgage:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall
maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by
Lender, and except for the lien of taxes and assessments not due as further specified In the Right to Contest
paragraph.
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 (15) days after the lien arises or, if a lien Is filed,
within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or 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
shall satisfy any adverse judgment before enforcement against the Property, Grantor shall name Lender as an
additional obligee under any surety bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
or assessments and shall 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 lien, materialmen's lien, or
other lien could be asserted on account of the work, services, or materials and the cost exceeds $1,000.00.
Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can
and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Mortgage:
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended
coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real
MORTGAGE
(Continued) Page 4
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 boiler insurance as Lender may require. Policies shall be written by such insurance companies and
In such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage
from each insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of
three (3) days' prior written notice to Lender and not containing any disclaimer of the Insurer's liability for failure to
give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of
Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the
Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a
special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the 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 Flood 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 Lender of any loss or damage to the Property if the
estimated cost of repair or replacement exceeds $600.00. Lender may make proof of loss if Grantor falls to do so
within fifteen (16) 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. It 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, 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.
Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is
In effect, compliance with the insurance provisions contained in the instrument evidencing such Existing
Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent
compliance with the terms of this Mortgage would constitute a duplication of insurance requirement. If any
proceeds from the Insurance become payable on loss, the provisions in this Mortgage for division of proceeds shall
apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materialty affect Lender's interest in
the Property or If Grantor fails to comply with any provision of this Mortgage or any Related Documents, including but
not limited to Grantor's failure to comply with any obligation to maintain Existing Indebtedness in good standing as
required below, or to discharge or pay when due any amounts Grantor is required to discharge or pay under this
Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that
Lender deems appropriate, Including but not limited to discharging or paying all taxes, liens, security interests,
encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring,
maintaining and preserving the Property. All such expenditures Incurred or paid by Lender for such purposes will then
bear interest at the rate 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; IS) 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:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple,
free and clear of all liens and encumbrances other than those set forth in the Real Property description or in the
Existing Indebtedness section below or in any title Insurance policy, title report, or final title opinion issued in favor
of, and accepted by, Lender in connection with this Mortgage, and lb) Grantor has the full right, power, and
authority to execute and deliver this Mortgage to Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the
title to the Property against the lawful claims of all persons. in the event any action or proceeding Is commenced
that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at
MORTGAGE
(Continued) Page 5
Grantor's expense, Grantor may be the nominal party in such proceeding, but Lender shalt 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 shalt 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 Borrower's Indebtedness shall be paid in full.
EXISTING 'INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage:
Existing Lien. The lien of this Mortgage securing the Indebtedness may be secondary and inferior to an existing
lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to
prevent any default on such Indebtedness, any default under the instruments evidencing such indebtedness, or any
default under any security documents for such Indebtedness.
No Modification. Grantor shall not enter into any agreement with the holder of any mortgage or other security
agreement which has priority over this Mortgage by which that agreement is modified, amended, extended, or
renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances
under any such security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage:
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender In writing, and
Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor
may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be
represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to
Lender 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 shall mean the award after, payment of all actual costs, expenses, and attorneys' fees
Incurred by Lender in connection with the condemnation.
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:
Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to
this Mortgage and take whatever other action is requested by Lender to perfect and continue Lender's lien on the
Real Property. Grantor shall reimburse Lender for ail taxes, as described below, together with all expenses
incurred in recording, perfecting or continuing this Mortgage, including without limitation all taxes, fees,
documentary stamps, and other charges for recording or registering this Mortgage.
Taxes. The following shall constitute taxes to which this section applies: (t) a specific tax upon this type of
Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Borrower
which Borrower is authorized or required to deduct from payments on the indebtedness secured by this type of
Mortgage; (3) it tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a
specific tax on a)) or any portion of the Indebtedness or on payments of principal and interest made by Borrower.
Subsequent Taxes. if any tax to which this section applies is enacted subsequent to the date of this Mortgage,
this event shall have the some 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 lf) 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 as a security j
agreement are a part of this Mortgage:
Security Agreement. This instrument shall 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 shall take whatever action is requested by Lender to perfect
and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Mortgage
in the real property records, Lender may, at any time and without further authorization from Grantor, file executed
'
'
__... _
MORTGAGE
(Continued) Page
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 shelf 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. T from which Information
concer the ="".." Inter granted by this Mortgage may be obtained <weoh as required by � Uniform
Code) are Commercial Cmdmao stated onthe first page u, this iMortgag
FURTHER ASSURANCES: AooxxxmmmL AuTmmeoArIOmm. The following provisions relating »n further assurances and
additional authorizations are o part vv this Mortgage.
Further Assurances. At any time, and from time to time, request o, 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 wohv mwd *,:mrdwd. ,ovovd^o,rerecorded, as the case may be, at such times and o` such offices
and places op Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security
agreements, financing mmomumnnts continuation statements, Instruments of further nouvmnnv, c*,tin*wwvo, and
other documents mw may, in the sole opinion of Lender m*necessary or de In ordeeffe complete,
perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Mortgage, and the
Related Documents, and (2) the lions and security Interests created by this Mortgage on the Property, whether
now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing,
Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matters referred to in this
Additional Authorizations. If Grantor mils vwuvany things �o �n*u ,� to In preceding paragraph, Lonum,
may do wm for and In mw name of G,unvu, Grantor's mrun,'v e*pnnnv. For such purpose w�� ho,euv
m
i/ record as �v,
U mo�mmw on Lender's sole opinion, to accomplish the matters referred m m the —~' --' -- 'o-'— uvn/ preceding parag
" wnunmovm� no�mmnu�mv,�hho,ninmxm|mou|,o�=o�u,mn�uxeanvwvc*u*Vunu. ' u is �
FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor othe performs all
the obligations hmnm*od upon Grantor under this m,v,touuv' uvmuo, uhoo execute and deliver to G,omm, o *uuou|o
owmvvouuoo of this Mortgage and um|u^Ww statements or tvnninmtmm of any financing statement on vuw ummanvinm
Lender's security interest i* the Rents and the P*,mpnu| pmpv,tv. Grantor will pay, i/ permitted uy applicable law, any
reasonable termination fee un determined hy Lender from time tntime.
evsmTS OF mspAucr, Each of the following, at uvnd*,'u option, shall constitute an svwum of Default under this
mu,tgagn/
Payment Default. Borrower fail to make any payment when due under the Indebtedness.
Default wn Other Payments. Failure of Grantor within the time required hvthis Mortgage mo make any payment for
taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Om,w, owfawlts' Borrower or Grantor falls to uonoph with or to »o,m,m 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 Borrower or Grantor.
Default In Favor of Third pwmiex' Should Borrower m,any Grantor default under any loan, extension o,credit,
security agreement, purchase or sales agreement, or any other a in favo of any othoomditovn,pv,*mn
that may mum/wm/ly a,,n;m any of Borrower's or any m,wn*nr'w property or nnnqwm,'v ability to mp*v the
{mdub*uunn*s or Borrower's or ammm,'* ability to no,m,m their respective obligations under this wm,tgaop or any
vv the Related Documents,
False Statements. Any warranty representation o,statement made or furnish to Lender by Borrower or Grantor
u,nn Borrower's p, Grantor's behalf under this Mortgage o, the Related Documents Is false nr misleading /nany
mntowm/ respect, either now or at the time muun on ,umishvd or uaonmov maum or vx,levmmo at any time
m,v,wufte,.
owow*mpv cpxatwmoizam,pn. This Mortgage n, any vfthe nv|u/eu ovvumoms ceases to be in full mmw and w/m*t
(including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and
for any reason'
Death or Inp*mwn*v. The dissolution or Grantor's (mnu,d|oox of whether election on continue Is p`udm), any
member withdraws from the nnxteu liability company, or t^ termination of avnowo/w or m,vnwv,'o
existence wsw going business m, the death of any member, the inso m Borrowe m Grantor, the appo
,f* receiver for any part or Borrower's v, Grantor's property, any assignment for the benefit w,credavmo . »v type
—
MORTGAGE
(Continued) Page 7
of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or
against Borrower or Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial
proceeding, self -help, repossession or any other method, by any creditor of Borrower or Grantor or by any
governmental agency against any property securing the indebtedness. This includes a garnishment of any of
Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall
not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim
which is the basis of the creditor or forfeiture proceeding and If Borrower or Grantor gives Lender written notice of
the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture
proceeding, In an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the
dispute.
Existing Indebtedness. The payment of any installment of principal or any Interest on the Existing Indebtedness Is
not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under
the instrument securing such indebtedness and is not cured during any applicable grace period in such instrument,
or any suit or other action is commenced to foreclose any existing lien on the Property.
Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between
Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without
limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender,
whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the
Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability
under, any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the
prospect of payment or performance of the Indebtedness Is Impaired.
Insecurity. Lender in good faith believes itself Insecure.
Right to Cure. if any default, other than a default in payment Is curable and if Grantor has not been given a notice
of a breach of the some provision of this Mortgage within the preceding twelve (12) months, it may be cured if
Grantor, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default
within fifteen (16) days; or (2) if the cure requires more than fifteen (16) days, Immediately initiates steps which
Lender deems In Lender's sole discretion to be sufficient to cure the default and thereafter continues and
completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender,
at Lender's option, may exercise any one or more of the following rights and remedies, In addition to any other rights or
remedies provided by law:
Accelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by
applicable law, to declare the entire Indebtedness Immediately due and payable.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code. i
Collect Rents. Lender shall have the right, without notice to Borrower or Grantor, to take possession of the
Property and, with or without taking possession of the Property, to collect the Rents, including amounts past due i
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 Lender 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 shall 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 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 part of the
Property.
MORTGAGE
(Continued) Page 8
Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes
and empowers any attorney of any court of record In the Commonwealth of Pennsylvania or elsewhere, as attorney
for Lender and all persons claiming under or through Lender, to sign an agreement for entering In any competent
court an amicable action In ejectment for possession of the Property and to appear for and confess judgment
against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of
possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage
verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be Issued forthwith,
without any prior writ or proceeding whatsoever.
Nonjudicial Sate. 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 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•thfs 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 Borrower or 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 (2) 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, Borrower and Grantor hereby waive any and all
right to have the Property marshalled. In exercising its rights and remedies, Lender shall be free to sell all or any
part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any
public sale on all or any portion of the Property.
Notice of Sate. Lender shall 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 shag mean notice given at least ten (10)
days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with
any sale of the Real Property.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
an election to 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
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 Borrower 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,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and
upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all
reasonable expenses Lender • incurs that in Lender's opinion are necessary at any time for the protection of its
Interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear
interest at the 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 law.
NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Mortgage shall be
given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited
In the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown
near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien which has priority
over this Mortgage 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 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 Lender to any Grantor is deemed to be notice given to all Grantors.
MORTGAGE
(Continued) Page 9
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 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 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 Headingst • 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 law applicable to Lender and, to the extent not
preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law
provisions. This Mortgage has been accepted by Lender in the Commonwealth of Pennsylvania.
Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the
courts of LANCASTER County, Commonwealth of Pennsylvania.
Joint and Several Liability. All obligations of Borrower and Grantor under this Mortgage shall be joint and several,
and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each
and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Mortgage.
No Waiver by Lender. Lender shall not be deemed to have waived any rights 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
Lender in any Instance shall 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 of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or
unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or
unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so
that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, It shall be
considered deleted from this Mortgage. Unless otherwise required by law, the illegality, invalidity, or
unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other
provision of this Mortgage.
Merger. There shall be no merger of the interest or estate created by this Mortgage with any other interest or
estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent
of Lender.
Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal
representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns.
Time is of the Essence. Time is of the essence in the performance of this Mortgage.
Waive Jury. All parties to this Mortgage hereby waive the right to any jury trial in any action, proceeding, or
counterclaim brought by any party against any other party.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this
Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful
money of the United States of America. Words and terms used In the singular shall include the plural, and the plural
shall include the singular, as the context may require. Words and terms not otherwise defined In this Mortgage shall
have the meanings attributed to such terms in the Uniform Commercial Code:
Borrower. The word "Borrower" means Handmade Food, LLC d /b /a The Green Room and includes an 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 any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
MORTGAGE
(Continued) Page 10
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42
U.S.C. Section 9601, at seq. I "CERCLA "), the Superfund Amendments and Reauthorization Act of 1986, Pub. L.
No. 99.499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, 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.
Existing Indebtedness. The words "Existing Indebtedness" mean the Indebtedness described in the Existing Liens
provision of this Mortgage.
Grantor. The word "Grantor" means Charles W. Andrews.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation parry• of any or all of the
Indebtedness.
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 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, 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 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. Specifically, without
limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross- Collaterelization provision
of this Mortgage.
Lender. The word "Lender" means COMMUNITY FIRST FUND, its successors and assigns.
Mortgage, The word "Mortgage" means this Mortgage between Grantor and Lender.
Note. The word "Note" means the promissory note dated February 11, 2010, In the original principal
amount of $44 ,500.00 from Borrower to Lender, together with all renewals of, extensions of, modifications
of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of
the Note is February 16, 2017.
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 here ached or affixed to the Real Property,
together with all accessions, parts, and additions to, all replace ants of, 'and`a11TitYatltut+ons7for„�aoy such
property; and together with all proceeds (including without li station all irt§+ and r s of
premiums) from any sate or other disposition of the Property. 0.411 .1J.,r
}iktU y2r1-
Property. The word "Property" means collectively the Real Prope y art441bP,,PC g a
Real Property. The words "Real Proprty" mean the real propert �ntertshds7tgkit� ,(i+�t�i) @t� n this
+bKw
Mort avnx�w*,
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 with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and
other benefits derived from the Property.
MORTGAGE
. (Continued) Page 11
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES
TO ITS TERMS.
THIS MORTGAG ,E GIVEN NDER SEAL AND IT NTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE
AND HAVE T . E FECT A SEALED NSTRUM I RDING TO LAW.
GRANTOR•
Cha . Andrews
CERTIFICATE OF RESIDENCE
1 hereby certify, that the precise address of the mortgagee, COMMUNITY FIRST FUND, herein is as follows:
30 West Orange Street, P. 0. Box 524, LANCASTER, PA 17608.0524
, ))A 1
'J Atto T or Agent for Mortgagee
INDIVIDUAL ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
lm ^ (�► l � a ) ss
COUNTY O � )
O tt is, th day of ! \ ' a V , 20 , before me
l�' 1 - `the undersigned Notary Public, personal fly appeared Charles W. Andrews, known
to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrumen nd acknowledged
that he or she executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official se
NOTARIAL SEAL
MICHELLE RAMO$ Notary Public for the State of
Notary Public.
L µy�CO mUrio Expires Mar 24 2013
LASER PRO Lending, Ver. 5.46.00.003 Copr. Harland Financial Solutions, Inc. 1997, 2010. All Rights Reserved. -
PA IACFI\LPL1G03.FC TR -788 1311-1
...... ... ....
-- ------ ----- . .. . . ......
----- - --- ---- .. ....
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201005363
Recorded On 3/3/2010 At 11:21:53 AM Total Pages - 13
Instrument Type - MORTGAGE
Invoice Number - 61662 User ID - MSW
Mortgagor - ANDREWS, CHARLES W
Mortgagee - COMMUNITY FIRST FUND
Customer - COMMUNITY FIRST FUND
* FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS /ACCESS TO $23.50
JUSTICE DO NOT DETACH
RECORDING FEES $27.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00 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 $78.00
I Certify this to be recorded
in Cumberland County PA
cu Mel
RECORDER "0 0/12EDS
1750
Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
ff QLBIl
Matthew C. Samley, Esquire
REESE, SAMLEY, WAGENSELLER
MECUM & LONGER, P.C.
Attorney I.D. No.: 65442
120 North Shippen Street
Lancaster, PA 17602
(717) 393 -0671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA `�
CIVIL ACTION - LAW °—
COMMUNITY FIRST FUND, M,.,
= ;:0
Plaintiff o c�
vs. No.
CHARLES W. ANDREWS, CO
Defendant
AFFIDAVIT OF NON - MILITARY
Commonwealth of Pennsylvania
County of Lancaster
Before me, the undersigned authority, personally appeared Matthew C. Samley,
Esquire, who being duly sworn according to law, doth depose and say that Charles W.
Andrews, the Defendant, above named is not in the military service of the United States
of America, that he has personal knowledge that the said Defendant is now living at 10
North Hanover Street, Carlisle, Pennsylvania 17013 and is a resident of Cumberland
County, Pennsylvania and is employed at or by – unknown.
REESE, SAMLEY, WAGENSELLER,
MECUM & LONGER, P.C.
BY: ;
Matthew C. Samley, Kquire
120 North Shippen Street
Lancaster, PA 17602
(717) 393 -0671
Attorney for Plaintiff
Attorney I.D. No.: 65442
Sworn `` d subscribed to before me
this `i' day of
2014. COWOWATALTH OF PENNSYLVANIA
NOTARIAL SEAL
HOPE S. GLIDDEN, Notary Public
Lancaster City, Lancaster County
Commission Expires M 3, 2616
Notary Public
Matthew C. Samley, Esquire
REESE, SAMLEY, WAGENSELLER,
MECUM & LONGER, P.C.
Attorney I.D. No.: 65442
120 North Shippen Street
Lancaster, PA 17602
(717) 393 -0671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
COMMUNITY FIRST FUND,
Plaintiff
VS. No.: �
r
P =�
/ r-n rn
CHARLES W. ANDREWS, CONFESSION OF JUDGMEI.:' ` ;
Defendant c:D C' '
CD
CD -- n
CERTIFICATION OF ADDRESSES Z C5
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF LANCASTER
Matthew C. Samley, Esquire, being duly sworn according to law, deposes and says that to
the best of his knowledge, information and belief, the addresses of the judgment creditor and the
judgment debtor in the above - captioned proceeding are as follows:
Plaintiff Defendant
Community First Fund Charles W. Andrews
P.O. Box 524 10 North Hanover Street
30 West Orange Street Carlisle, PA 17013
Lancaster, PA 17608
REESE, SAMLEY, WAGENSELLER,
MECUM & L NGER, P.C.
Date: 2. L
Matthew C. Samley, E uire
Attorneys for Plaintiff
Sworn to an
,�ubscribed before
me this L�( I/� day
of , 2014.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
HOPE S. GLIDDEN, Notary Public
NOTARY BLIC Lancaster City, Lancaster County
Commission Expires May 3, 2016
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
COMMUNITY FIRST FUND,
Plaintiff
4�q Z
vs. No.. 7
CHARLES W. ANDREWS, CONFESSION OF JUDGMENT._
Defendant e _Y
AFFIDAVIT THAT ACTION DOES NOT ARISE OUT OF rn
RETAIL INSTALLMENT CONTRACT t
r
COMMONWEALTH OF PENNSYLVANIA
ss. C..
COUNTY OF LANCASTER v
Gary R. Johnson, being duly sworn according to law, deposes and says 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.
COM ITY IRST F D
Date: 1
R. n, ice President
of Loan Operations
Sworn to and su scribed before
met is 2 AZO day
of , 2014.
NOTA PUBLIC
COMM ONWEALTH OF PEN_ NSYLVANIA
NOTARIAL SEAL
HOPE S. GLIDDEN, Notary Public
Lancaster City, Lancaster County
My Commission Expires May 3, 2016
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
COMMUNITY FIRST FUND,
Plaintiff ,
vs. No..
CHARLES W. ANDREWS, CONFESSION OF JUDGMEtg --
rn
Defendant z
�r
AFFIDAVIT OF COMMERCIAL TRANSACTION -�-
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF LANCASTER
Gary R. Johnson, being duly sworn according to law, deposes and says that he is
authorized to make this Affidavit for and on behalf of Community First Fund and that the
transaction upon which Judgment is being entered by Confession was a business and commercial
transaction.
COMMUNITY FIRST FUND
BY:
Gary R. o o ice President
Sworn and subscribed to before me
this -Z1S day of J pa"► ,
2014.
g �-
Notary Public
Matthew C. Samley, Esquire
REESE, SAMLEY, WAGENSELLER
MECUM & LONGER, P.C.
Attorney I.D. No.: 65442
120 North Shippen Street
Lancaster, PA 17602
(717) 393 -0671
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
COMMUNITY FIRST FUND,
Plaintiff /j/
vs. No.: f
CHARLES W. ANDREWS, CONFESSION OF JUDGMENT
Defendant
NOTICE
TO: Charles W. Andrews, Defendant
You are hereby notified that on 2014, judgment by
confession was entered against you in the sum of Twenty -Three Thousand Five. Hundred Nine
and 87/100 ($23,509.87) Dollars in the above - captioned case.
Date: _ °� �
Prothonot
l
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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1- 800 - 990 -9108
717 - 249 -3166
' 5� '�7
Matthew C. Samley, Esquire
Attorney I.D. No.: 65442
Attorneys for Plaintiff