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14-0798
AMERICHOICE FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. No.: - 79 444 DINESHCHANDRA G. PATEL, Confession of Judgment Defendant Complaint pursuant to Pa.R.C.P. 2952 NOTICE OF DEFENDANT'S RIGHTS TO: Dineshchandra G. Patel: A judgment in the amount of $ 3,764,598.97 with interest from February 10, 2014 on the unpaid principal balance of ($ 3,365,732.42 ), at the rate of 5% per annum, which computes to a current per diem of $( 467.4628 ) and a late charge of 5.000% of the unpaid monthly payment past due, which computes to a minimum monthly late charge per diem of ($ has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17 (717) 321 -469 , BY: Darrel . Dethlefs, Esquire .Od Dethlefs - Pykosh Law Group, LLC�� � ' , w rot Attorney Id. No.: 58805 2132 Market Street lSlo w Camp Hill, PA 17011 �~° J NJ (717) 975 -9446 Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 DDethlefs(c'i),aol.com AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. d DINESHCHANDRA G. PATEL, Confession of Judgment Defendants Complaint pursuant to Pa.R.C.P. 2952 CONFESSION OF JUDGMENT Pursuant to the Confession of Judgment paragraph/warrant contained in the Commercial Guaranty dated August 20, 2008, the Disclosure for Confession of Judgment dated August 20, 2008, and the Reaffirmation of Guaranty dated July 29, 2009, the originals or copies of which are attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant, Dineshchandra G. Patel, as follows: Unpaid Principal through 2/10/2014 $3,365,732.42 Accrued Interest through 2/10/2014 $52,823.30 Late Fees pursuant to Note $4,041.68 Costs - ($46.00 filing fee) ($100.00 service) $146.00 Attorneys' Commission (10% as set forth on Page 4 of the Guaranty signed by Dineshchandra G. Patel — see exhibit B attached hereto) $341,855.57 TOTAL $3,764,598.97 Page 1 With interest from February 10, 2014, on the unpaid principal balance at the rate of 5% per annum, which computes to a current interest per diem of $467.4628 and a late charge of 5.000% of the unpaid monthly payment past due, which computes to a minimum monthly late charge per diem of $44.29. Respectfu y bmitted, Dated: Darrell ethlefs, Esquire Dethlefs - Pykosh Law Group, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 (717) 975 -9446 Email: ddethlefs @aol.com Page 2 Darrell C. Dethlefs Esquire ID # 58805 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 DDethlefs(a`•.aol.com AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V . . No.: l q- - 7 C 1 144 -li, DINESHCHANDRA G. PATEL, Confession of Judgment Defendant Complaint pursuant to Pa.R.C.P. 2952 COMPLAINT CIVIL ACTION — COMPLAINT IN CONFESSION OF JUDGMENT Plaintiff, AmeriChoice Federal Credit Union, by its attorneys, Dethlefs - Pykosh Law Group, LLC, by Darrell C. Dethlefs, Esquire, files this Complaint in Confession of Judgment for Money and in support thereof avers as follows: 1. Plaintiff, AmeriChoice Federal Credit Union, is a business existing under the laws of the Commonwealth of Pennsylvania, with its principal office located at 2175 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Dineshchandra G. Patel, is an adult individual with an address of 1005 Azlen Lane, Chalfont, Pennsylvania 18914. 3. On or about August 20, 2008, Defendant, Dineshchandra G. Patel, executed a Promissory Note on behalf of True Green Homes, LLC, as Member of True Green Homes, LLC; and a Commercial Guaranty, guaranteeing the indebtedness of True Green Homes, LLC; and a Disclosure for Confession of Judgment for the loan sought by True Green Homes, LLC, to obtain property located at and known as 1700 Harrisburg Pike, Middlesex Township, Cumberland County, Pennsylvania 17015. All of the above referenced document(s) authorize the confession of judgment against the Defendant. A true and correct reproduction of the signed, original documents referenced above are Page 1 attached hereto, made part of and incorporated by reference as if fully set forth herein. The documents are marked as follows: a. The Promissory Note is marked and attached hereto as Exhibit "A "; b. The Commercial Guaranty is marked and attached hereto as Exhibit "B' c. The Disclosure for Confession of Judgment for Dineshchandra G. Patel is marked and attached hereto as Exhibit "C ". 4. On or about July 29, 2009, Defendant, Dineshchandra G. Patel, executed a Reaffirmation of Guaranty in connection and as an inducement for Plaintiff to permit an assumption of the Promissory Note referred to herein as Exhibit "A ". The Reaffirmation of Guaranty authorizes the confession of judgment against the Defendant. In the Commercial Guaranty dated August 20, 2008, and reaffirmed by the Reaffirmation of Guaranty dated July 29, 2009, Defendant Dineshchandra G. Patel absolutely and unconditionally guaranteed the full and punctual payment of the original loan evidenced by the Note attached as Exhibit "A ". The Commercial Guaranty is a continuing guaranty of payment and performance and not of collection. A true and correct reproduction of the signed, original document referenced above is attached hereto, made part of and incorporated by reference as if fully set forth herein. The document is marked as follows: a. Reaffirmation of Guaranty is marked and attached hereto as Exhibit "D ". 5. The originals of the aforementioned documents are available, for inspection and production, upon request to Plaintiff. (Account numbers have been redacted from the copies attached hereto. Unredacted copies are available for inspection by the Plaintiff or the Court.) 6. The Commercial Guaranty authorizes the entry of Confession of Judgment. 7. The obligation of Defendant, Dineshchandra G. Patel, to Plaintiff, AmeriChoice Federal Credit Union, is in default. The payment on the indebtedness due to Plaintiff as outlined by the Note and Loan documents and Guaranteed and Reaffirmed by Defendant is past due for the November 20, Page 2 2013; December 20 2013; and January 20, 2014 payments. This past due status is a "payment default" under the terms of the loan documents attached hereto as exhibits to this Complaint. 8. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 9. Judgment has not been entered on the instruments in any other jurisdiction. 10. There have been no assignments made of the instruments permitting confession by plaintiff. 11. An itemization of the amount due under the Note, including interest and attorneys' commission, is as follows: Unpaid Principal through 2/10/2014 $3,365,732.42 Accrued Interest through 2/10/2014 $52,823.30 Late Fees pursuant to Note $4,041.68 Costs - ($46.00 filing fee) ($100.00 service) $146.00 Attofineys' Commission (10% asset forth on Page 4 of the Guaranty signed by Dineshchandra G. Patel — see exhibit B attached hereto) $341,855.57 TOTAL $3,764,598.97 A true and correct reproduction of the of the most recent account statement, dated February 10, 2014, is attached he�eto, made part of and incorporated by reference as if fully set forth herein. The document is marked as Exhibit "E". Z y A t 3:. N. Page 3 x WHEREFORE, the Plaintiff, as authorized by the Confession of Judgment warrants contained in the aforementioned documents, confesses judgment against the Defendant, Dineshchandra G. Patel, in the total sum of $ 3,764,598.97 with interest from February 10, 2014 on the unpaid principal balance at the rate of 5% per annum, which computes to a current interest per diem of $467.4628 and a late charge of 5.000% of the unpaid monthly payment past due, which computes to a minimum monthly late charge per diem of $44.29. Respectfull itted Dated: Darrell C. e hlefs, Esquire Dethlefs- Pykosh Law Group, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 f° (717) 975 -9446 } i% Page 4 PROMISSORY NOTE Principal Loan. Date : - :°dMatutfty 1,6an Nit ca1t1 C t1" Account aaiiicer l.hitiaf5 s4,o0.0,:000:ao :08-20 s - 2 ©= oi.a RED : ai References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular � e Any item above containing has been omitted due to text length limitations. t Borrower: True Green Homes, LLC Lender: AmeriChoice Federal Credit Union a 1005 Azlen Lane 2175 Bumble Bee Hollow Road Chalfont, PA 18914 Mechanicsburg, PA 17055 Principal Amount: $4,000,000.00 .Date of Note:' August20, 2008 PROMISE TO PAY. True Green Homes, LLC ( "Borrower ") promises to pay to AmeriChoice Federal Credit Union i "Lender "), or order, in lawful money of the United States of America, the principal amount of Four Million & 001100 Dollars ($4,000,000.00), together with interest on the unpaid principal balance from August 20, 2008, until paid in full. PAYMENT. Subject to any payment changes resulting from changes in the Index, Borrower will pay this loan in accordance with the following payment schedule: 60 monthly consecutive principal and interest payments in the initial amount of $30,285.48 each, beginning September 20, 2008, with interest calculated on the unpaid principal balances at an interest rate of 6.600% par annum; 59 monthly consecutive principal and interest payments in the initial amount of $29,140.58 each, beginning September 20, 2013, with interest calculated on the unpaid principal balances at an interest rate based on the highest US Prime Rate as published in the Money Rates Section of the Wall Street Journal, Eastern Edition (currently 5.000 %), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 6.000 %; and one principal and interest payment of $2,643,480.42 on August 20, 2019, with interest calculated on the unpaid principal balances at an interest rate based on the highest US Prime Rate as published in the Money Rates Section of the Wall Street Journal, Eastern Edition (currently 5.000 %), plus a margin of 1.000 percentage points, resulting in an initial interest rate of 6.000 %. This estimated final payment is based on the assumption that ail payments will be made exactly as scheduled and that the Index does not change; the actual final payment will be for all principal and accrued interest not yet paid, together with any other unpaid amounts under this Note. Unless otherwise agreed or required by applicable law, payments will be applied first to any late charges; then to any accrued unpaid interest; then to principal; and then to any unpaid collection costa. The annual interest rate, for. this Note is computed on.a 3651360 basis; that ie,.by applying the ratio of the annual 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. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the highest US Prime Rate as published in the Money Rates Section of the Well Street Journal, Eastern Edition (the "Index "). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each month. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 5.000% per annum. The interest rate or rates to be applied to the unpaid principal balance during this Note will be the rate or rates set forth herein in the 'payment"' section, Notwithstanding any other provision of this Note, after the first payment stream, the interest rate for each subsequent payment stream will be effective as of the last payment date of the just - ending payment stream. NOTICE: Under no circumstances will the interest rlite on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (A) increase Borrower's payments to ensure Borrower's loan will pay off by its original final maturity date, (B) increase Borrower's payments to cover accruing interest, (C) increase the number of Borrower's payments, and (D) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier than 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 ", "wr-,hout 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 communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $25.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum due under this Note will continue to accrue interest at the interest rate under this Note, with the final interest rate described in this Note applying after maturity, or after maturity would have occurred had there been no default. If luugrrent is entered in connection with this Note, interest will retinue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However, in no event will the interes exceed the maximum interest rate limitations under applicable law. , DEFAULT. Each of the following shelf constitute an event of default ( "Event of Default ") under this Note: Payment Default. Borrower fails to make any payment when due under this Nate. Other Defaults. Borrower fails to comply with or to perforrn 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 effect any of Borrower's property or Borrower's abllity to repay this Note or perform Bwrov:er's obligations under this Note of any of the related documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with any loan. 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 frorn 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 workoui, PROMISSORY NOTE Loon No: {Continued) Page 2 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, sell -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 end if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or 9 surety bond for she creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any 'of the indebtedness or any Guarantor dies or becomes 'incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, of its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes, 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, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. if not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note 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 Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $30.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. STATUTORY LIEN. Borrower agrees that all loan advances under this Note are secured by all shares and deposits in all joint and individual accounts Borrower has with Lender now and in the future. Borrower authorizes Lender, to the extent permitted by applicable law, to apply the balance in these accounts to pay any amounts due under this Note when Borrower is in default under this Note. Shares and deposits in an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to the security interest Borrower has given in Borrower's shares and deposits. SUCCESSOR INTERESTS. The',terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUMER REPORTING AGENCIES, Please notify us if we report any inaccurate information about your account(s) to a consumer reporting agency. Your written notice describing the specific inaccuracy(ies) should be sent to us at the following address: AmeriChoice Federal Credit Union, 2175'Sumble Bee Rood, Mechanicsburg, PA "''17055 GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shell be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or impair, fait to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS IS500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE .OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED By INDEPENDENT. LEGAL COUNSEL. PROMISSORY NOTE Loan No: (Continued) Pa 3 PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. 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: /I f TRUE GREEN I10M S(, L I B / t/) 1 1 rl I'd li (Sear Dineshchandfd of True Green Homes, LLC �e' C' cow R.....e Pe M ert.ir. ew.re iR b COMMERCIAL GUARAN' Principal` .:;...Coen Datt3' Metuiitj�r i >:::G'oalT N0 : ;? :::° CiiTlaiCbll ` ::.:: Accotini ;: ; ::Officer )nit[al� REDACTED 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 lenoth limitations. Borrower: True Green Homes, LLC Lender: AmoriChoice Federal Credit Union 1005 Azlen Lane 2175 Bumble Bee Hollow Road Chalfont, PA 18914 Mechanicsburg, PA 17055 r Guarantor: Dineshchandra G. Patel, 1005 Azien Lane _ Chalfont, PA 18914 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 e 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 ell 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'agreaments "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) effect 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 contrec led '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 revocation. For this purpose and without limitation, the term "new 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 of 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, end 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 foregoi tg, Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor rnigh; have terminated it and with the some elfect. 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 feceives 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 ($0.00), 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 ($0.00). 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, mc:udinq increases and decreases of the rate of interest on the Indebtedness; extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchanyc, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (D) to release, substitute, agree not to sue, or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; IF) to apply such security and ditoct the order or manner of sale thereof, including without limitation, any non;udiciai sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determino; IG) to sell, transfer, assign or grant participations in all or any part of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or in part. COMMERCIAL'GUARANT' Loan No: (Continued) Page 2 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; (D) 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 Guatentot; (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; IF) 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 of.the dates the financial information is provided; (G) no material adverse change has occurred in Guarentor's.finaneial 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 (Ji 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 FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one - hundred - twenty (120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended, prepared by Guarantor. Tax Returns. As soon as available, but in no event later than one - hundred - twenty (120) days after the applicable tiling date for the tax reporting period ended, Federal and other governmental tax returns, prepared by a tax professional satisfactory to Lender. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP, applied on a consistent basis, and certified by Guarantor as being tfUe and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable low, 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; (Dl 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; (F) 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- deficiency" 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 sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects 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 law 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 et 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 law. 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. STATUTORY LIEN. Guarantor agrees that all Guarantor's obligations under this Guaranty are secured by all shares and deposits in all joint and individual accounts Guarantor has with Lender now and in the future. Guarantor authorizes Lender, to the extent permitted by applicable law, to hold these funds if there is a default and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. Shares and deposits in an individual Retirement Account and any other account that would lose special tax treatment under state or lederal law if given as security are not subject to the security interest Guarantor has given in Guarantor's shares and deposits. 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 or the claims of bcth 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 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 shall 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 file financing statements and continuation statements and to execute docurents avid 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 pan of this Guaranty: COMMERCIAL GUARANI Loan No: (Continued) Page 3 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 shalt be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenaea. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys' tees 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. 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 Vanua. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland 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 pafol 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 (including Lender's attorneys' fees) suffered or incurred by Lender as o result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more then 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 are 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 low, any notice required to be given under this Guaranty shall be given in writinq, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefecsimile (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 Lander as provided in the section of this Guaranty entitled "DURA HON 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 this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission an The part of Lander 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 Guaranty 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 Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Guaranty, 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 d,scretion 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 True Green Homes, LLC and Includes all co- signers and co- makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means everyone signing this Guaranty, including without limitation Dineshchendra G. Patel, 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 AmeriChoice Federal Credit Union, its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and /or credit agroements evidencing Borrower's loan obligations in favor of Lender, together with all renewals of, extensions of, modifications of, r- l:nwv ings 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 COMMERCIAL GUARANT' Loan No; (Continued) Page 4 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. 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 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS: THAN FIVE DOLLARS ($5001 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 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 GUARANTY IS DATED AUGUST 20, 2008. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X I(' (Seal) Dinestichandr� < f V . INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF r i. - „Pn this ,_the day of .. _! 7 20 before me � ' f(. / the undersigned Notary Public, personally appeared Dineshchandra G. Patel, lnown to me tur satisfactorily proven) to 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 witness whereof, I hereunt ,sON 4VEALTH OF PENhaSe y . Ndarial Seal -- -- — Valurie S. Stacknick, Notary Public Notary Public in and for the State of I irWT)pdcitt Twp., Cumtx?rLznd Catnly %ly C<xtuni: stx1 Expires Noy 3 0, 2008 Member, Pennsyl"aiva Association Ot N°laries _= wtn rn�,Mn., •,. >11 ,cW cow. DISC 'SURE FOR CONFESSION Or LIDGMENT Principal Coari Date Mratui[t}(` LdBIt Nfl 0811 f Coll Account Okf j tii hitials 54 00 `'. CTE ,o DO O.0 . REDA I REDACTE REDACTED 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 omired due to text length limitations. Borrower: True Green Homes, LLC Lender: AmeriChoice Federal Credit Union 1005 Azlen Lane 2175 Bumble Bee Hollow Road Chalfont, PA 18914 Mechanicsburg, PA 17055 Declarant: Dineehchendra G. Patel i005 Azten Lana „. Chalfont, PA 18914 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING, THIS _ DAY OF - �( 20 B, A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT, IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER S ENTERI JUDGMEN 1 AGAINSTR ME BY: CONFESSION AS PROVIDED FOWIN THE CONFESSION OF JUDGMENT PROVISION. INITIALS B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST'ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN AN MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW, WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVI READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES, I REPRESENT THAT: 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DEC LARANr: r x 't � r /f I I Seal) . Oinesh r II t/ g rr EXHIBIT of REAFFIRMATION OF GUARANTY THIS AGREEMENT is made as of this A of ' �� 2009, by and between AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 (hereinafter "Lender "), True Green Homes, LLC, a Pennsylvania limited liability company, with an address of 1005 Azlen Lane, Chalfont, PA 18914 (hereinafter "Original Borrower "), Cineshchaidra G. Patel, 1005 AAen Lane, Chalfont, PA 18914 (hereinafter "Guarantor ") and Suite Dreams, LLC, a Pennsylvania limited liability company, with an address of 1700 Harrisburg Pike, Carlisle, PA 17015 and Oakdale Suites, LLC, a Pennsylvania limited liability company, with an address of 1700 Harrisburg Pike, Carlisle, PA 17015 (hereinafter collectively "Assuming Borrowers "). Recitals l . Lender is the holder of a Promissory Note dated August 20, 2008 (hereinafter "Note "), executed and delivered the.Original Borrower to Lender to evidence a commercial mortgage loan in the original principal amount of $4,000,000.00 (hereinafter "Loan "). The Loan is further evidenced by a Business Loan Agreement dated August 20, 2008 (hereinafter "Loan Agreement "). 2. The Loan is secured by a mortgage dated August 20, 2008, recorded August 22, 2008 to Instrument No. 200828593 (hereinafter "Mortgage ") executed and delivered by Original Borrower to Lender and recorded as a first lien against 1700 Hamsburg Pike, Middlesex Township, Cumberland County,. Pennsylvania .I 7015, as more particularly described therein (hereinafter "Mortgaged Property"). 3. Dineshchandra G. Patel (hereinafter "Guarantor ") has guaranteed the Loan pursuant to a Commercial Guaranty dated August 20, 2008 (hereinafter "Guaranty "). 4. The Original Borrower, the Guarantor and the Assuming Borrowers have requested Lender to agree to the assumption of the Loan by the Assuming Borrowers, without the release of the Guarantor. AGREEMENT NOW THEREFORE, in consideration of the Recitals, which are an integral part of this Agreement, and of the agreements hereinafter set forth, and intending to be legally bound, the Guarantor ratifies and reaffirms the obligation under the Commercial Guaranty dated August 20, 2008, and confirms that the same remains enforceable and in full force and effect as of the EXHIBIT ROG, - 7 -29 -09 -V.) S' date hereof. Guarantor agrees that the Guaranty remains in effect, free from any defenses, setoffs, or counterclaims in favor of Guarantor and against Lender. Guarantor acknowledges receipt of a copy of the Assumption Agreement and the Assignment, Assumption, Consent and Release Agreement ('Assumption Agreements ") and agrees that the Assumption Agreements have created no defense to Guarantor's obli under the Guaranty. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first wn'tten above. Guarantor Witness Dlnesht i dra G. Patel True Green, omes, LLC Witness �a G. Patel, Authorized Member Suite Dreams, LLC % Witness Farouk Hegazi, Au o zed Member Oakdale Suites, % C Witness Farouk uthorized Member Attest: Amer' hoice ederal Ct edit Union �- / Gary l . o man, Loan Officer COMMONWEA XI-I OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 29th day of July, 2009, before me, the undersigned, personally appeared Dineshchandra G. Patel whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained and capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIALS BARBARA E. STEEL, Notary Public Carlisle Boro, Cumberland County, PA COUNTY OF CUMBERLAND \-I y Commission Expires June 7, 2011 On this 29 day of July, 2009, before me, the undersigned, personally appeared Gary L. Holman whose name is subscribed to the within instrument, and acknowledged that he is the Loan Officer of AmeriChoice Federal Credit Union and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal.,,- .- - Notary Public COMMONWEALTH OF PENNSYLVANIA N0'fARIAL SEA BARBARA E. S1'EF.L, Notary Public COUNTY OF CUMBERLAND Carlisle Boro, Cumberland County, PA My Commission Expires June 7, 2011 On this 29th day of July, 2009, before me, the undersigned, personally appeared Dineschchandra G. Patel whose name is subscribed to the within instrument, and acknowledged that he is a Member of True Green Homes, LLC and executed the same fo1 the purposes therein contained and the capacity therein stated_ IN WITNESS WHEREOF, I hereunto set my hand and official seal, Notary Public COMMONWEALTH OF PENNSYLVANIA 0TARIAL SEAL BARBARA E. STEEL, Notary . Public COUNTY OF CUMBERLAND Carlisle Boro, Cumberland County; PA My Commission Expires June 7, 2011 On this 29th day of July, 2009, before me, the undersigned, personally appeared Farouk Hegazi whose name is subscribed to the within instrument, and acknowledged that he is the Authorized Member of Suite Dreams, LLC and executed the same for the purposes therein contained and the capacity therein stated. IN WITNESS WHEREOF, I hereunto set my hand and official seal.,.. -) I C- _... Notary Pilhlic COMMONWEALTH OF PENNSYLVANIA NCIARIAL �I'AL BARBARA E. STEEL, Notary Public COUNTY OF CUMBERLAND M noro Cumbular;d County, PA M y Commission Expires June 7, 2011 On this 29th day of July, 2009, before me, the undersigned, personally appeared Farouk Hegazi whose name is subscribed to the within instrument and acknowledged that he is the Authorized Member of Oakdale Suites, LLC and executed the same for the purposes therein contained and the capacity therein stated. 1N WITNESS WHEREOF, 1 hereunto set my hand and official seal - - Notary Public 1(0 - 7 29 - V r --- - — . - KCi BARBARA E. STEEL, Notary Public Carlisle noro, Cumberland Caun;y, PA Mfr Commission t.xpirc; lunc 1, 2011 OAKDALE SUITES, REDACTED.,. BUSINESS LOAN Payoff 02/10/2014 Principal Salance: 3,365,732.42 Interest Type: Actual /360 Payoff on 02/10/2014 vs. 08/20/2018 Interest Rate: 5.000 Interest Due: 52,823.30 ; One Day's Interest: 467.4628 Due Date: 11/20/2013 ., 3,422,597.4 ;- Amount Past Due by Payoff Date: 80,833.83 02/10/2014' 0 Past Due Payment Count: .3 Late Charge Due: 4,041.68 + 729,082.84 _. 4,098,856.94 08/20/201 0 ' 0 0 2,000,000 4 6,000,000 O. Total Interest EP-1 Total Amount o Total Sales Tax s, Total Insurance EXHIBIT Page 1 D v i AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. No.: 1y -7fF DINESHCHANDRA G. PATEL, Confession of Judgment Defendant Complaint pursuant to Pa.R.C.P. 2952 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. § 4904, relating to unsworn falsification to authorities. Date: �l_ l�l John Needs Executive Vice Pres. of Mortgage and Business Lending AmeriChoice Federal Credit Union Ca C: Cz3 rir e M . Fq- i? �= CD C`3 � N � - q N3 r T € PR0 t 1 40IN FICE 0 1r : :; 2014 FEB i I P11 2: 2 C UMBERLAND COUNTY PENNSYLVANIA Darrell C. Dethlefs, Esquire ID # 58805 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 DD eth l el:slcaao I . com AMERICHOICE FEDERAL, IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY Plaintiff, V. No.: /y- 7ff DINESHCHANDRA G. PATEL, Confession of Judgment Defendant Complaint pursuant to Pa.R.C.P. 2952 Certificate of Residence pursuant to Pa. R.C.P. 2951(a)(2) I, Darrell C. Dethlefs, Esquire, hereby certify, based upon research conducted by me and a review of documents provided to me that the addresses of the parties are as follows: 1. Plaintiff, AmeriChoice Federal Credit Union, is a business existing under the laws of the Commonwealth of Pennsylvania, with its principal office located at 2175 Bumble Bee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Dineshchandra G. Patel, is an adult individual with an address of 1005 Azlen Lane, Chalfont, Pennsylvania 18914. Dated: ( f �l Darrel .Dethlefs, Esquire Dethlefs- Pykosh Law Group, LLC Attorney Id. No.: 58805 2132 Market Street Camp Hill, PA 17011 (717) 975 -9446 Page 1 AMERICHOICE FEDERAL IN THE COUK)`i OF tAS CREDIT UNION CUMBERLAND 1C% I TY,,i �: Plaintiff, V. CUMBERLAND COUNTY W PENNSYLVANIA I No.. I y DINESHCHANDRA G. PATEL, Confession of Judgment Defendant Complaint pursuant to Pa.R.C.P. 2952 AFFIDAVIT OF NON - MILITARY SERVICE John Needs verifies that he is a representative of the plaintiff in the above matter; that he personally knows that the defendant, Dineshchandra G. Patel, is over the age of 18 years; that the defendant presently has an address of 1.005 Azlen Lane, Chalfont, Pennsylvania 18914; and that he is listed as a company executive on his tax return. John - Needs further verifies that defendant is not in the military or naval service of the United States or its allies or otherwise within the provisions of the Service Members' Civil Relief Act of 2003. John Needs understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifica o uthorities. Date: John Needs Executive Vice Pres. of Mortgage and Business Lending AmeriChoice Federal Credit Union Page 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 04 ,vo pi Cif iliberi Sheriff _ r } Jody S Smith Chief Deputy ' 2 PM L 2 Richard W Stewart CJHE RL A p L rr # .i1 / Solicitor rtEr r ,sr PENNSYLVANIA Americhoice Federal Credit Union Case Number vs. 2014-798 Dineshchandra G. Patel SHERIFF'S RETURN OF SERVICE 02/12/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dineshchandra G. Patel, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Butler, Pennsylvania to serve the within Complaint in Confession of Judgment according to law. 02/24/2014 11:10 AM-The requested Complaint in Confession of Judgment served by the Sheriff of Bucks County upon Dineshchandra G. Patel, personally, at 1005 Azlen Lane, Chalfont, PA 18914. Edward J. Donnelly, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, March 05, 2014 RONNS'R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. SH0201 SHERIFFS OFFICE - EDWARD J. DONNELLY, SHERIFF DATE: 02/25/2014 ADMINISTRATION BUILDING TIME: 19:34 DOYLESTOWN, PA 18901 BUCKS MISC DOCKET # 2014 30334 LOCATION: OUT OF COUNTY CLASS: ASSUMPSIT ***** SHERIFF'S RETURN OF SERVICE ***** SHERIFF'S OFFICE CUMBERLAND COUNTY 1 COURTHOUSE SQUARE, RM 303 CARLISLE PA 17013 ATTN:DARREL C DETHLEFS PLAINTIFF DEFENDANT AMERICHOICE FED ERAL CREDIT UNI VS. PATEL DINESHCHANDRA G 1005 AZIEN LANE CHALFONT, PA 18914 02112014 COMPLAINT - CIVIL ACTION RECEIVED FROM CUMBERLAND COUNTY NJC DARREL C DETHLEFS 02202014 RECEIVED IN SHERIFF'S OFFICE FOR SERVICE. TRANSACTION # 14 1 2740 NJC AMOUNT PAID $ 58 . 00 02242014 SHERIFF'S RETURN, UNDER OATH, FILED. DEPUTY LIVERMAN AT 11: 10 NJC SERVED DEFENDANT, DINESHCHANDRA G PATEL, PURSUANT TO PA.R.C.P. #402 ( A) (I) BY HANDLING TO DINESHCHANDRA, PERSONALLY, AT 1005 AZIEN LANE, C NJC HALFONT, PA. 02252014 INVOICE MAILED TO CUMBERLAND COUNTY NJC DARREL C DETHLEFS END OF CASE