HomeMy WebLinkAbout05-0981
Donald L. Kornfield
Attorney for Plaintiff
17 North Church Street
Waynesboro, PA 17268
(717) 762-8222
FAX 762-6544
don@kornfield.net
Atty. I.D. #19242
THE FIRST NATIONAL BANK
OF GREENCASTLE, Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
vs.
CUMBERLAND COUNTY BRANCH
LARRY V. LEE and
MARY G. LEE,
CIVIL ACTION - LAW
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Defendants
CONFESSION OF JUDGMENT
PURSUANT TO Pa. R.C.P. RULE 2951 (b)
Pursuant to the authority contained in the Warrant of Attorney, a true and correct copy of
which is attached to the complaint filed in this action, I appear for Defendants and confess judgment
in favor of the Plaintiff and against Defendants as follows:
Principal balance
Interest
Late Charges
Attorney fees
Total
$232,791. 73
16,302.94
1,717.92
34.918.75
$285,731.34
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT
PURPOSE.
KO
By
THE FIRST NATIONAL BANK
OF GREENCASTLE, Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT, PA.
vs.
CUMBERLAND COUNTY BRANCH
LARRY V. LEE and
MARY G. LEE,
CIVIL ACTION - LAW
* D{'-QPI (?,~lL~02-."1
Defendants
COMPLAINT
NOW COMES Plaintiff and states:
1. Plaintiff is the First National Bank of Greencastle, a banking institution with offices located
at 40 Center Square, Greencastle, Franklin County, Pennsylvania, and a mailing address of
P.O. Box 8, Greencastle, PA 17225.
2. Defendant is Larry V. Lee, a sui juris adult, living and residing at 44 St. Paul Street, No.2,
Brookline, Norfolk County, Massachusetts.
3. Defendant is Mary G. Lee, a sui juris adult, living and residing at 30 Liberty Court, Carlisle,
Cumberland County, Pennsylvania.
4. Attached hereto and made a part hereof is a true and correct reproduction of the original
Demand Grid Note dated March 10, 1994, executed by Defendants, containing a warrant of
attorney.
5. The instant judgment is not being entered by confession against a natural person in
connection with a consumer transaction.
6. The note has not been assigned.
7. No judgment has been entered upon the note in any jurisdiction.
8. Defendants are in default under the instrument giving rise to this claim for relief and the right
ofPlaintiffto confess judgment against Defendants in that default occurred in June 2003 by
failure to make required payments.
9. As a result of the default alleged in paragraph 8 hereof, the amounts due Plaintiff from
Defendants are as follows:
Principal balance
Interest
Late Charges
Attorney fees
Total
$232,791.73
16,302.94
1,717.92
34,918.75
$285,731.34
10. The Warrant of Attorney appearing in the attached note is less than 20 years old.
WHEREFORE, Plaintiff demands judgment against Defendants in the amount of
$285,731.34, together with interest from February 22,2005, at the rate of $25.51 per diem, court
costs and such other damages as may be available at law.
By
, LP
KO
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
THE FIRST NATIONAL BANK OF
GREENCASTLE
G~g;.~
Donald G. Kunkle
Senior Vice President
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DEMAND GRID NOTE
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$ 400.000.00
Dated March 10, 1994
Debtor Larry Lee & Associates Inc. of P.O. Box 808, Carlisle. PA 17013
Larry ,V. Lee
Debtor J:ia.ry G. Lee of
FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the person or persons who silln as Debtor below (each jointly and
severally liable if more than one person and called "Debtor"), promise to pay to the order of The Fi rs t Na t iona 1 Bank
of Greencast1e. Greencast1e. Pennsylvania 17225 ("Lender")
at a"l'.of Lender's oHices, the Principal sum of Four Hund red Thou sandu - -- -- - - - - - nu_ - n -- 0- - -00 / 100 Dollars
in lawful money of the United States, ON DEMAND, tOllether with accrued Interest then outstanding, but until such time as demand is made by
Lender, accrued Interest shall be payable on the same day of each consecutive mon th
bellinninll on , 19_, and continuing until all of the Principal has been paid in ful107 5 0 31
INTEREST: Interest from the date of this Nole shall accrue on the unpaid Principal baiance at the per annum rale of:
1. 0 _%.
2. fa. ---0..- % above Lender's Uil Base Rate, 0 Prime Rate, which is the variable reference rate of interest announced by Lender Irom
time to time tor purposes of determining interest rates charged on loans to Lender's customers but is not necessarily Lender's lowest rate.
3. 0 _% above the
which variable rate is defined as follows:
MASTER NOTE "B"
1201002343-01-75031 .
LATER ADVANCES: The Principal of this Note may be borrowed, repaid without penalty and reborrowed from time to time, provided, however, that
Lender re..rvos'the right to decline to make any advance at any time if (I) an Event of Default has occurred either under this Note or pursuant to any
allreement or instrument executed In connection with this Note; or (Ii) the credit accommodation evidenced by this Note hu terminated either
pursuant to any separate Line of Credit Aitreement relaUnit thereto or, If no such Line of Credit Agreement is in eHect, al Lender's sole discretion.
ANNUAL PAY. DOWN: 0 If cheeked, notwithstandlnll any other provision In this Note or in any (Ither allreement between Lender and Debtor,
Debtor agrees that for a period of at least _ consecutive days durini each of Debtor's fiscal years, there shall be no Principal or accrued
Interest outstanding on this Note.
THE SCHEDULE: Each borrowinit and repayment of Principal shall be shown on the schedule of Advances And Payments Of Principal (the
"Schedule") on the reverse side of this Note. Debtor shall be oblillated to pay all Principal advanced by Lender to or for the benefit of Debtor as is
sllown on Lender's books and records, pius interest as provided In this Note, irrespective of Lender's failure to make or error in makins any entry on it.
books and records or the Schedule.
"VENTS OF DEFAULT: Each of the followina shall be an "Event of Default" hereunder: (1) the nonpayment upon demand ,or when due of any amount.
payable under this Note; (2) the failure of any Obliior ("Obllgor" means Debtor and any other person liable, either absolutely orcontingently, on this
Note, Including sureties and ituarantors) to observe or perform any agreement of any nature whatsoever with Lender; (3) any Obliior becomes
insolvent or makes an assignment for the benefit of creditors; (4) a petition is filed by or against any Obliitor under any provision of any state or federal
law or statute alleging that such Obligor Is Insolvent or unable to pay debts as they mature or under any provision of the Federal Bankruptcy Code;
(5) the entry of juditment allainst any Obligor or anyof Obligor's property; (6) the Issuing of an attachment, levy or fwnlshment aiain~t any property
of any Obligor; (7) the occurrence of a substantial change in the financial condition of anyObllgorwhich,ln the sole, reasonable good faith judgment
of Lender, is deemed materially adverse; (8) the sale of all or substantially all of the auets, or chanite In ownership or control, or the dissolution,
liquidation, merger, consolidation orreorganlzationof any Obligor which Is a corporation or partnership, without the express prior written consent of
Lender; (9) the death, incarceration or adjUdication of leitallncompetence of any Obligor who is a natural person; (10) any Information, statement or
signature furnished to Lender by any Obligor at any time is false or incorrect; or (1) the failure of any Obligor to timely furnish to Lender such
satisfactory financial and other information as Lender may reasonably request or require.
LENDER'S RIGHTS UPON DEFAULT: Notwithstanding anything to the contrary contained herein oreisewhere, orthe tact that Debtor may be required
to make interest and/or Principal payments from time totlme, this Note is payable upon demand. Lender may demand payment of all outstanding.
Principal and accrued Interest at any time, whetherornot an Event of Default shall have occurred. In any avent, upon the occurrence of any Event of
Default, without notice, demand, presentment or protest of any kind, Lender may do any or all of the fOllowing:
(1) accelerate the maturity of this Note and demand immediate payment of all outstanding Principal and accrued interest;
(2) pursuant to the Warrant of Attorney contained herein, confess judgment against Debtor. or any of them;
(3) upon five (5) days written notice mailed to Debtor, begin accruing interest, in addition to the interest provided for above, If any, at a rate not to
exceed four percent (4%) per annum of the unpaid Principal balance; provided, however, that no interest shall accrue hereunder In excess of the
maximum amount of Interest then allowed by law, Debtor agrees to pay such accrued interest upon demand; and
(4) exercise Lender's rlllht of set.oN and all riithts, privlleites and remedies available to Lender under all applicable iaws and reitvlations and under
any agreement,lnstrument or document issued in connection with this Note, ali of which rlihts and remedies shall be cumuiative and not alternative.
The net proceeds of any collateral held by Lender as security for this Note shall be applied first tothe expenses of Lender in preparing the collateral
for sale, selling and the like, Including, without limilation, reasonable attorney's fees and expenses incurred by Lender (including fees and expenses
of any litigation Incident to any of the foreitolnit), and second, in such order as Lender may, In its sole discretion, elect, to the complete satisfaction of
the Nole together with all interest thereon.
WARRANT OF ATTORNEY: Debtor, and each of them if more than one, hereby irrevocably authorizeli and empowers any Attorney or any Prothonotary
or Clerk of any court of record, upon or after the occurrence of any Event of Default as specitied above, to appear for and CONFESS JUDGMENT
against Debtor, or any of them, for such sums as are due and/or may became due on this Note, with or without declaration, with co.ts of suit, without
stay of execution and with an amount not to exceed fifteen percent (15%) of the unpaid prlncipai amount ot such judgment, but not less than One
Thousand Dollars ($1,000.00), added for attorney's collection fees. Debtor: (1) waives the rillht of inquisition on any real estate ievied upon,
voluntarily condemns the same, authorizes the Prothonotary or Clerk to enter upon the Writ ot Execution said voluntary condemnation and agrees
that said real estate may be sold on a Writ of Execution; (2) to the extent permitted by law, waives and releases all relief from all appraisement. stay,
exemption or appeal laws of any state now in force or hereafter enacted; and (3) releases all errors in such proceedinss" Notwithstandini anythinit in
this Warrant of Attorney to the contrary,lf the Principal amount of this Note Is $50,000.00 or less, the lien of any judgment confessed pursuant to this
parallraph shall not apply to any real property located within Pennsylvania containing two or fewer residential units or on which two or fewer
residential units are to be constructed, includinit condominium units, and the Prothonotary or Clerk is directed to mark the records accordinllly.lf a
copy of this Nole. verified by affidavit byoron be halt of Lender shall have been flied in such action, it shall not be necessary to file the orillinal Note as
a Warrant of Attorney.
THE ADDITIONAL TERMS AND SCHEDULE ON THE REVERSE SIDE ARE PART OF THIS NOTE.
a d y executed this Not on t ay and year lirst above written and has hereunto set Debtor's hand and.eal.
(Corporate or Partnership Debtor's Sillnature)
(SEAL)
(SEAL)
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ADDllIONAL TERMS
UNCONDITIONAL LIABILITY: Debtor's liability shall be unconditional and without rlliard to the liability of any other Obligor and shall not be affected
by any indulgence, extension of time, renewal, waiver or modification of this Note, ()r the release, substitution and/or addition of cOliateral security
forthis Note. Debtor consents to any and all extensions oltime, renewals, waivers or modifications, as well as to the release, substitution or addition of
Obligors and/or collateral security, without notice 10 Debtor and without affeclini Debtor's liability hereunder.
NA TURE OF TRANSACTION: Each Deblor hereby represents and warrants to lender that the proceeds ofthls Note have been and will continue to be
used only in business or commercial transactions.
MISCELLANEOUS: Chanies in the rate of interest shall become effective on the days on which Changes in Prime Rate, Base Rate or other variable rate
applicable to this Note are announced or published. Interest shall be calculated lor the actual numberof days that the Principal is outstandini, based
on a year of Three Hundred Sixty (360) days. The rights and privileges of lender under this Note shall inure to the benefit of its successors and
assigns. All representations. warranties and aireements of Debtor made in connection with this Note shall bind Debtor's personal representatives,
heirs, successors and assigns. The waiver of any Event of Delault or the failure of Lender to exercise any riiht or remedy to which it may be entitled
shall not be deemed a waiver of any subsequent Event of Default or of lender's right to exercise that or any other riiht or remedy to which lender is
entitled. This Note has been delivered to and accepted by lender in and shall be governed by the laws of the Commonwealth of Pennsylvania.
ADVANCES AND PAYMENTS OF PRINCIPAL
DATE AMOUNT AMOUNT OF PRINCIPAL UNPAID NOT A nON
OF ADVANCE PAID OR PREPAID PRINCIPAL BALANCE MADE BY
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eANcoNSUMER FORM PA N.175.S (l0/87)
Security Interest: As security for the prompt payment of the sums you owe and the
proper performance of your promises in this Note. you and the co.owner grant us a
security interest in the pe'Csonal property descrihed in a eparate Secu'City II reelllent.
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DEFINITIONS: In this Security Agreement, the word "Lender" means
which is the secured party.
The word "aorrower" means Larry Lee & Associates Inc.
If there is more than one, .the word Borrower means each of the Borrowers, individually, and any Borrower, 10iether with one or more other Borrower and/or
with one or more others, jointly and collectively.
The word "Owner" means each and all of those who sign this Security Agreement below. The Owner Is the person, or each and all of those if more than one, \0
whom the Collateral belonis. The word "Collateral" means all of the property listed below. Th. Collateral is the property in which tho Owner is giving lhe Lender
a security Interest.
Whenever used, the singular number shall include the plural, the plural shall include the singular; the use of any gender shall include all genders; the word
"person" shall include corporations. partnerships, and all other leial entitles; and the words Owner, Lender, and Borrower shall include theirrespective heirs.
personal representatives, successors and assigns.
SECURITY INTEREST: Owner gives to Lender a security interest in the Collateral described beiow, tosecure the payment and/or pertormance of the obliiatlons
listed below In the "Debts Secured" section.
DEBTS SECURED: This Security Agreement secures the payment to Lender of Borrower's loan in the principal amount of $ 400,000,00 ,
plus interest, if the Note provides for paym~nt of principal plus interest (if not, this Security Agreement SE!CUreS the payment to Lender of the Borrower's loan in
the total amount previously stated), according to the promises made In Borrower's "Note" dated March 10, 1994 ,and the performance
of all promises of Borrower made in or in Connection with that Note. This Security Agreement also secures payment at: (a) any other debts of Borrower which
are owed or assigned to Lender now or in the future; (b) any other debts of Owner which are owed or assigned to Lender nOW or in the future; (c) ail of Lender's
costs and expenses, including attorneys' fees, incurred in the collection of any debt secured hereby, in any action to protect or enforce Lender's rights under
this Security Agreement, or in bankruptcy proceedings of or against Borrower or Owner; (d) all amounts which Owner agrees in this SecIJr\\y Agreementto pay
to Lender; and (e) any refinancing, substitution, extension and/or renewal of any of the above. Regardless of any other provisions of this Security Agreement.
any household goods, as defined in Federal Reserve Board Reiulatlon AA (12 C.F.R. 227.12), In which Lender is getting a security Interest, do not secure debts
which Borrower or Owner owes 10 Lender, either now or in the future, other than that debt evidenced by the Note, unless such debts are extensions,
reflnancinis or consolidations of the Note.
OWNER: The Owner(s) of the Collateral is (are):
( ] whose residence addressees) is (are):
[x) whose principal place of business is: One West High Street, Carlisle, Pennsylvania 17013
and whose olher places of business are:
[x] whose registered office shown in the most recent filing made'with the Secretary of State is:
One West High Street, Carlisle, Pennsylvania 17013
COLLATERAL: Owner iives to Lender a security Interest in:
[ ] Owner's motor vehicle(s), which will be kept at the address listed below, including all accessories, equipment, parts and altachments, identified as
follows:
[ ] Owner's other personal property which will be lIept at the address listed below, identified as foliows:
The Owner agrees and represents that the Collateral is and/or will be used for the following purpose and will not be used for any other purpose without prior
writlen notice to Lender:
[ ] Personal, family or household purposes. [ ] Farmequipment. [ ] Farm Products. ( ] Business or Professional Equipment. ( ] Inventory.
The Collateral [ ] is [ ] is not now permanently attached to a building or other real estate. The Collateral [ ] will. [ ] will not be permanently
attached to a building or other real estate.
[x] Owner assigns, pledges, and gives a security interest in the following Collateral (including any renewals and sub~tilutions) to Lender:
All accounts, contract rights, chattel paper, instruments, documents, and general
intangiblee now existing or hereafter acquired, and all returned or repossessed goods now
owned or hereafter acquired, the sale, lease, or other disposition of which shall have
given or shall give rise to any of the foregoing.
Owner gives Lender a security interest in the proceedS of any Collateral, includini any insurance payabie by reason of loss or damage to the Collateral. Owner
assigns, pi edges and gives to Lender a security interest in any unearned insurance policies in conn!!ction with the Collateral and/or the indebtedness.
ADDlilONS TO COLLATERAL: Owner also gives to Lender a security interest in any additions, replacements or substitutions which may be made to the
Collateral. This includes any eQuipment, parts or accessories which may be added to the Collateral in the future.
USE OF COLLATERAL: While any part of the mOney owed to Lender remains unpaid, Owner promises: (a) to use the Collateral carefully and keep it in good
repair: (b) to obtain Lender's written permission before making any maior aiterations; (c) to tell Lender in writing before changing OWMr's address or the
address where the Collateral is kept; (d) to help Lender protect the riihts and security interest given by this Aireement; (eJ not to use the Collateral for any
unlawful purposes; (f) if Owner has indicated thaI the Collateral is not and will not be permanently attached to a building or other reai estate, itis agreed that the
Collateral will remain perSOnal property; (g) to keep the Collateral free of liens, adverse claims, and encumbrances other than the security interest of Lender;
(h) to make the Collateral available to Lender for inspection on request; and (il to notify the Lender immediateiy if the Collateral is lost, damaged, stolen or
destroyed, or if the Collateral is atlached, levied, seized, or becomes the subject of an adverse claim.
OWNERSHIP Of COLLATERAL: Owner promises that Owner owns all of the Coliaterallisted above. Owner promises that no one else has any interest in the
Collateral or a claim against it. Owner airees that the Collateral will not be sold, leased, or givan to anyone else as collateral until the money owed to Lender has
bee" repaid in fu I.
NS ON THE REVERSE SIDE ARE PART OF THIS SECURITY AGREEMENT.
fa completsiy filled.in copy of this Security Agreement.
D~e March 10. 1994
Date M..rch 10, lQQ4
Date March 10, 1994
Date March 10, 1994
OnCE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
ORlGINAl 01990 S~NCON5UII,(R SERVICE INC.
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ADDITlONAL PROVISIONS
TAXES AND INSURANCE: While any part of the money owed to lender remains unpaid, Owner promises: (a) to pay all taxes due on the Collateral; lender h.5
the option \0 pay lhe taxes. On demand, Owner promises promptly to repay to lender any amounts paid by lender for taxes: (b) to keep the Collater.i fully
insured aiainst.loss or damage, Owner promises to make this insurance poliCy payable to lender in an amount equal to the value of the Collateral or the unpaid
balance at Borrower's loan, whichever is less. Owner agrees to deliver proof of insurance to lender, if requested, Owner agrees to obtain insurance from a
company acceptable to lender. If Owner does not keep the Collateral insured. lender has the option of purchasing insurance, On demand, Owner promises
promptly to repay to lender the cost 01 insurance purchased by Lender; in addition, at Lender's option. Lender may require Borrower to repay the cost of
Insurance purchased by Lender either On demand or by increasing the amount of the installment payments which are due on the Note secured by thiS Security
Agreement, (c) Owner iives lender the riiht to sign Owner's name on any check,or draft from an insurance company and to apply the money 10 any debt
secured by this Security Aireement, This is limited to checks and drafts In payment of a claim under an insurance pOlicy fer loss er damage to the Collateral or
tor returned or rebated premiums en policies insurini the Collaleral.
STOCK OR OTHER SECURITIES: If the Collaleral includes stocks or other securities, Owner agree,: (a) on demand by Lender, to deliver the securities to Lender
and to sign all documents which lender requires to permit transfer of lhe securities; (b) to deliver to lender all stock dividends, stock resulting from a split and
rlihls or warrants received by Owner on the securities; (c) that Lender may register all of the stocks or securities in lender's name or in the name of a nominee:
(d) that lender has lhe option of exercising all of the riihts of a registered owner, inclUding the right to receive all cash dividends. Lender has the option of
applymi any cash dividends received by Lender and any increase m the value ot the securities to thedebls which Ihis Agreement secures or of holding them as
additional Collaleral; (e) Ihat lender shall have no duty as 10 lhe collection or protection of the securities, beyond their safe custody.
FARM PRODUCTS: If any of the Collateral consists of "farm products," Owner shall, on request, provide lender a complete and accurate written list (the "List")
of alllhe buyers, commission merchants, and sellini agents (collectively, the "Sellers") to or through whom Owner may sell the "farm products" and shall
specify therein the type of "farm product" to be so sold to each Seller. Owner shall furnish lenderV/ritten notice of each addition, delelion, or other modification
(a "list Change") to any previously submitted List or List Chanie as SOon as Owner receives information requiring any such addition, deletion, or other
modification. Owner shall sell, transfer or consign each of Owner's "farm products" only to those Sellers who have been identified as to such "farm product" on
a List or List Change previously delivered to lender, Owner shall deliver Ine List and each list Change to the lender at ieasl seven business days prior to making
any sale, transfer, or consignment of any "farm product" consistenl with the intomration set forth on such list or list Change. For purposes of this Agreement,
"Iarm product" is defined as an agriculturai commodity (such as wheat or corn) or a species of livestock (such as cattle, horses, or poultry) used Or produced in
a farming operation, or a product of such crop or livestock in its unmanufactured state (such a!; milk or eus),
DH AUl T: if Owner is in default underthis Aireement, lender may enforce its security interest in the Collaleral as provided by law and in this Agreement. ThIS
may be done wilhout iiving any advance notice or making any demand, unless provided by applicable law. Owner will be in default if: (a) Borrower breaks any
promise made In its Note to Lender; (b) Owner breaks any promise made in this Security Aireemllnl; (c) Borrower or Owner breaks any other promise made to
Lender in connection with any debt which is secured by this Security Agreement; (d) Owner or BorrOWer is in default under any other Nole, Mortgage. or
Agreement with lender; (e) the Collaterai IS lost. destroyed beyond repair, or stolen (and not recovered within a reasonable time); (f) Owner dies; (g) any other
creaitor tries to take the Collaterai by leial process; (h) the Owner files bankruplCy or if anyone files an involuntary ban..ruptcy against the Owner: (;) any tax lien
or ievy is filed or made against the Owner or Ihe Coilateral: (j) Owner has made any false statement in this Agreement: (k) the Collateral is seized by federal.
state, or local iovernment which alleges that the Collateral was used for unlawtul purposes.
ENFORCING THE SECURITY INTEREST: If the Owner is in default, Lender may. without notice or demand, unless required by law, enforce its security interest In
the Collateral as follows: (a) Lender may take possession of the Cellaleral. This may be done without any advance nolice to Owner, unless required by law,
Lenaer may enter any property or building where the Collateral is located, If this is done peaceably. lender is not responsible for any property not covered by
IhlS Agreement that is left inside the Collateral or altached to it: (b) Owner agrees to deliver the Collateral to Lender al a time and piace chosen by Lender; (c)
Lender may enforce its security interest by any and all remedies permitted and/or authorized by law.
DELAY IN ENFORCEMENT: lender can delay enforCing any rights under this Security Agreement without losing Ihern, Lender's failure to enforce any rights
under this Security Agreement shall not acl as a waiver of these rights or preclude the exercise of Ihose rights in the eventot a future occurrence of the ..me
event
CHANGE OF TERMS: if the terms of any Note or debt secured by the Collateral are changed. the security interest Iitiven by Ihis Agreement will conl'lnue 10
protect Lender,
RELEASE OF SOME OWNERS OR SOME SECURITY: If there is more than one Owner, each agrees to be bound bylh" Securily Agreement, although Lender rr,.,
rele..e any other Owner or release or substitute any Collateral. If any extension is allowed Borrower by Lender. it shall not aHecl any provisions of this Security
Agreement. whether or not Owner is given notice of the extension.
FINANCING STATEMENTS AND SECURITY AGREEMENTS: Owner agrees to sign such financing statements, security agreements or other documents as
lender believes necessary to permil Lender to get and keep a perfected security inlerest in Ihe Collateral. Owner gives to lender the power to sign Owner's
nam. on financing statements. A copy or reproduction of a financing statement or this Securily Agreement may be filed as a financmg statement, If the
Collaleral is now orwill be permanently attached to real estate, the Iiling will be in the real estate records. if the Collaleral inciudes a motor vehicle or mobile
home. Owner promises to deliver to Lender the certificate of title for the Co.llateral within 30 days from Ihe date of this Aireement. Tile security mterest in favor
of Lender in the amount of Borrower's ioan secured will be noted on the certificale of title when It is delivered.
BANCONSUMEA ~ORM PA 140 (6/90)
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