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Home My WebLink About14-4232 HARTMAN SHURR HE PRO Tno}jo T j Attorneys for Plaintiff Elba N.Serrano-Torres,Esquire1�11 Attorney I.D.#317394 'IX.2/ P11 U 1100 Berkshire Blvd., Suite 301P. x 5828 URD Wyomissing,g,PA 19610 P�A��S ��'qt Q 10 6 -779-0772 A T NOBLE OPPORTUNITY FUND I, L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. CONFESSION OF JUDGME MICHAEL A. SOLA Defendant NO. ��! CONFESSION OF JUDGMENT I appear for the Defendant, Michael A. Sola, by the authority contained in the Commercial Guaranty executed by the Defendant in favor of the Plaintiff, a true and correct copy of which is attached as an Exhibit to the Complaint filed in this action, and confess judgment in favor of the Plaintiff and against the Defendant, Michael A. Sola, as follows: Outstanding Principal Balance $31,789.30 Accrued Interest at the rate of 3.75%per annum (currently$3.31 per diem) through 7/8/14 $ 812.82 Late Fees through 7/8/14 $ 265.20 Reserve Balance Credit: $ (2.07) Attorney Commission (10%) $ 3,260.21 Total Amount Due through 7/8/14 36 125.46 Under the terms of the Commercial Guaranty, the Plaintiff is also entitled to reimbursement for all late charges, attorneys' fees, and other costs of collection. WHEREFORE, the Plaintiff demands judgment against the Defendant, Michael A. Sola, in the total amount of$36,125.46, together with interest from July 8, 2014 forward at the rate of 3.75%per annum (currently$3.31 per diem), late charges, attorneys' fees, and collection costs. HARTMAN S URR By: Elba N. Serrano-Torres, Esquire Attorneys for Plaintiff \ (( cb \y 1 moi �o.hc� d Flt EG-OFFI('E HARTMAN SHURR C 01 hAttorneys for Plaintiff Elba N.Serrano-Torres,Esquire ' AIL 21 Attorney I.D.#317394 ' . GG° p 1100 Berkshire Blvd.,Suite 301 �"� � �i rVi3 C0 p,,T Y P.O.Box 5828 f ' 5}'�- fdlA Wyomissing,PA 19610 610-779-0772 NOBLE OPPORTUNITY FUNDI,L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. CONFESSION OF JUDGMENT MICHAEL A. SOLA � / �✓ �� l U� Defendant NO. COMPLAINT IN CONFESSION OF JUDGMENT 1. The Plaintiff, Noble Opportunity Fund I, L.P., assignee of Sovereign Bank, is a Pennsylvania limited partnership with an address of 100 South 7th Street, Akron, Pennsylvania 17501 ("Plaintiff'). 2. The Defendant, Michael A. Sola, is an adult individual with an address of 1806 Pine Street, Camp Hill,Pennsylvania 17011 ("Defendant"). 3. On or about March 2, 2011 Donald G. Boller and GRQ Restaurant Enterprises, LLC (individually and collectively, the "Borrowers") executed and delivered to Sovereign Bank an Amended and Restated Promissory Note in the original principal amount of $46,666.13, which was modified and amended by a Note Modification Agreement dated March 4, 2012 (collectively, the "Note"). The Note amended and restated in its entirety a Promissory Note dated December 4, 2006 executed by the Borrowers in favor of Sovereign Bank. A true and correct copy of the Note is attached hereto as Exhibit A and incorporated herein by reference. 4. On or about December 4, 2006 the Defendant executed and delivered to Sovereign Bank a Commercial Guaranty, together with a Disclosure for Confession of Judgment (collectively, the "Guaranty"), whereby he unconditionally guaranteed and became surety for all the present and future obligations of the Borrowers to Sovereign Bank. A true and correct copy of the Guaranty is attached hereto as Exhibit B and incorporated herein by reference. 5. On or about March 2, 2011 the Defendant executed and delivered to Sovereign Bank a Consent to Amended and Restated Promissory Note ("Consent"), whereby he consented to the Note and reaffirmed his. Guaranty. A true and correct copy of the Consent is attached hereto as Exhibit C and incorporated herein by reference. 6. On or about March 21, 2013 Sovereign Bank assigned the Note and related documents to Plaintiff. A true and correct copy of the Allonge is attached hereto as Exhibit D and incorporated herein by reference. 7. The amount outstanding under the Note and Guaranty is as follows: Outstanding Principal Balance $31,789.30 Accrued Interest at the rate of 3.75%per annum (currently$3.31 per diem) through 7/8/14 $ 812.82 Late Fees through 7/8/14 $ 265.20 Reserve Balance Credit: $ (2.07) Attorney Commission (10%) $ 3,260.21 Total Amount Due through 7/8/14 SMJ25.46 Under the terms of the loan documents, the Plaintiff is also entitled to reimbursement for, all late charges, attorneys' fees, and other costs of collection. 8. A true and correct copy of the instrument upon which the Defendant has authorized Confession of Judgment is attached hereto as Exhibit B and incorporated herein by reference. 9. The Plaintiff has not assigned the Note or Guaranty and is the holder thereof. 10. Judgment has not been entered on the Guaranty in any jurisdiction. 11. Judgment is not being entered against a natural person in a consumer credit transaction. 12. The Plaintiff is authorized to enter judgment by confession against the Defendant at this time. 13. The Defendant is in default of his obligations under the terms of the Note and Guaranty due to, without limitation, delinquent loan payments. WHEREFORE, the Plaintiff demands judgment against the Defendant, Michael A. Sola, in the total,amount of$36,125.46, together with interest-from July 8, 2014 forward at the rate of 3.75%per annum (currently $3.31 per diem), late charges, attorneys' fees, and collection costs. HARTMAN SHURR By: Q�- L:::� Elba N. Serrano-Torres, Esquire 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA,19610 . (610) 779-0772 Attorneys for Plaintiff EXHIBIT A . r AMENDED AND RESTATED PROMISSORY NOTE �► ►�Ikjcctil EFFECTIVE THIS DAY OF ff2011 THIS PROMISSORY NOTE AMENDS AND RESTATES IN ITS ENTIRETY THAT CERTAIN PROMISSORY NOTE DATED DEOMBER, 4, 2006 EXECUTED BY GRR RESTAURANT ENTERPRISES, LLC AND DONALD G BOLLER IN FAVOR OF SOVEREIGN BANK,AS SAME MAY HAVE BEEN AMENDED FROM TIME TO TWE THEREAFTER. THiS AMENDED AND RESTATED PROMISSORY NOTE EVIDENCES A SECURED NON-REVOLVING LINE OF CREDIT,THE TERMS OF WHICH ARE GOVERNED BY A BUSINESS LOAN AGREEMENT DATED DECEMBER 4,2006 BETWEEN OW RESTAURANT ENTERPRISES,LLC AND DONALD G BOLLER AND SOVEREIGN BANK,AS SAME MAY HAVE BEEN AMENDED FROM TIME TO TIME THEREAFTER Borrower. GRO Restaurant Enterprises.LLC Lander Sovereign Ban%a federal savings bank Donald G.Boger MAIL CODE 60.6714CM2 681 Knight Road 1636 North Atherton Strest Harrisburg,PA 17111.4221 State College.PA 168034042 Principal Amount: $46,66613 Date of Note. Mai-Ch PROMNSE TO PAY. GRO Restaurant Enftvdsesr LLC,and Donald G.Boller("Borrower"')jointly and seveadly promise to pay to Sovereign Bank, a federal savings bank ("Lender'), or order, In lawful monsy of the United States of America,the principal amount of Fortysk Thousand Six Hundred Sixty-six N0.13M00 Dollars($46,6Ti6.13)or so much as may be outstanding, together with interest on the unpaid outstanding principal balance of each advance interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT Borrower will pay"loan in aecordaate with the following payment schedule Borrower will make monthly payments of principal and brterwrt in the amount of$600 00. Borrowers payment ie due on February 4, 2011, with all subsequent payments to be due and payable on the same day of each month thereafter The final payment of all outstanding principal,together with accrued unpaid Interest,late fess and unpaid loan charges,if any,shag be due and payable In full on December 31,2011(the"Maturity Date"). No further advances will be permitted after the Maturity Data Unless otherwise agreed or required by applicable law,payments will be applied tarsi to any accrued unpaid interest,then to pnncrpat,then to any late charges,"then to any unpaid collection costs Borrower will pay Lender at Lenders address shown above or at such other place as Lender may designate in writing VARIABLE INTEREST RATE The interest rate on this Nobe Is subject to change from time to time based on changes in an index which is the Lender's Prone Rate The Lender's Pm a Rate shag mean the rata per annum from time to Uma established by Lender as the Prime Rate and made evanabie by Lender at ds main office or,in the discretion of Lander,the base,"orrice or other rate then designated by Lander for general commercial loan reference purposes.t being understood that such rate Is a reference rate,not necessarily the lowest,established from time to time,which serves as the basis upon which effective kdemst rates are calculated for loans making reference thereto (the"latex') The Index is not necessarily the lowest rate charged by Lender on No loans and is set by Lender in its sots discretion If to Index becomes unavailable dung the term of this loan,Dander may designate a substitute Index afar notifying Borrower Lender will tell Borrower the current Index rate upon Sortvwees request The interest rate change will not occur mora often than each time amend when the"index"changes Borrower anderstanda that Lender may make loans based another rates as wen irterea on the unpaid principal balance of this Note will be calculated as described in the`INTEREST CALCULATION ME1714013"paragraph using a rate of 0 500 percentage pernt8 over the Index NOTICE Under no cirmimslances will the Interest rate on this Note be more than the maximum rale snowed by apphcxble law INTEREST CALCULATION METHOD. Interest on this Note is computed on a 3651360 basis,that is,by applying the retro of the interest rate over a year of 360 days,multiplied by the outstanding principal balance,multiplied by the actual number of days the principal balance to outstanding All Into st payable under this Note is computed using this method. PREPAYMENT. Bonowar may pay without penalty an or a portion of to amouit owed earner than it is due Early payments wilt not,unless agreed to by Lender in writing.relieve Borrower of Borrowers obligation to continue to make payments of accrued unpaid interest Rather,early payments will reduce the principal balance due Borrower agrees not to send Lender payments marked"paid In full". "without recourse",or similar language K Borrower sends such a payment,Lender may accept It without losing any of Lenders Fights under On Note,and Borrower will remain obligated to pay any further amount owed to Lender All written communications concerning disputed amounts,inciWirig any check or other payment insbument that indicates that the payment constitutes"payment in fUIof the amount owed or that Is tandered with other conditions or limitations or as fun satisfaction of a disputed amount must be mailed or delivered to Sovereign Bank,Loan Operations(Mall Code 10.421.CN2),P 0 Boa 12M Reading.PA 19612- 2707 LATE CHARGE H a payment is 15 days or more late.Borrower wilt be charged 6.00070 of On unpaid portion of the regularly scheduled payment or$10A0,whichever Is greater. INTEREST AFTER DEFAULT. Upon default.Including failure to pay upon tnai maturlty,the uderest rete on this Note shall be increased by adding an addtionai 4 o0o per oentage point margin("Default Rate Margin") The Default Rate Margin shall also apply to each succeeding Interest rate change that wmM have apppbed had there been no default K judgment Is entered in connection wdh this Note,Interest will continue to accrue after the date of Judgment at the rate in eifeict at the time judgmert is entered however.in no event will the interest rate exceed the nnawmum interest rate krotaborm under applicable law DEFAULT. Each of the following shag constitute an event of default("Event of Default")under this Note Payment 0eteult Borrower fads to make any payment when due under this Note Other Defaults Borrower falls to comply with or to perform any other term,obirga wn,covenant or condition contained to this Nota or in any ot the related documents or to comply with or to perform any term,obligation,covenant or condition contained lin any other agreement between Lender / and Borrower Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan,axlens on of credit,security agreement,purchase or sales agreement,or any otthar agreement,in favor of arty other creditor or person that may malamlly effed any of Borrowers properly or Borrowers ability to repay this Note or perform Borrower's obibgations under this Note or any of the related documents Environmental Default Failure of any party to comply with or perform when due any term,obhltgeb^covenant or condibon contained in any environmental agreement executed in connection with any loan Fatse Statements Any warranty,nmpresentabon or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related domments is false or misleading in any material respect,either now or at the bmme made or furnished or becomes false or maisadirhg at any time thereafter Death or Insolvency. The dissolution of Borrower(regardless of whether election to continue is made),any member withdraws from Borrower,or any other termination of Borrowers ewstenoe as a gong busbness or the death of any member,the Insolvency of Borrower,the appointment of a recewar for any part of Borrdswets property.any assignment for the bent of creditors,any type of creditor workout,or the cxnmmencement of any proceeding under any bankruptcy or insolvency laws by or agaknst Borrower Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, seMhelp, repossession or any other method,by any creditor of Borrower or by arry governments!agency against any collateral sectoring the loan This includes a garnishment of any of Borowees accounts,Including deposit accounts,wdh Lender However,this Event of Default shall not apply d there is a good faith dispute by Borrower as to the validly or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and If Borrowergwes Lenderwritten notice of the creditor or forfeturre proceeding and deposits with-Lender motues or a surety bond for the creditor or forfeiture proceeding,in an amount detemhined 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 reaped 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 to Note Adverse Change A material adverse change occurs in Borrowaft fnencial condition,or tender believes the prospect of payment or performance of this Note is impaired Insecurity Lender in good faith believes itself secure Cure Provisions. It any default,other than a default in payment is curable and if Borrower has not bean given a notice of a breach of the some linrAsdon of this Note within the preceding twelve(12) months, N may be cured N Borrower. after LsrWW sends wn tan notice to Borrower demanding cure of such default (1) mores the default within thrty(30)days,or (2) t the cure regwres more than thirty(30)days,immediately mibates steps which Lender deems in Lenders sole discretion to be sufficed to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical LENDERS RIGHTS. Upon default,Lender may,atter 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 wgl pay that amount ATTORNEYS'FEES;EXPENSES Lender may hire or pay someone else to help coffect this Note if Borrower does not pay Borrower will pay Lender that amount Ttft includes,subject to any limits under applicable law,Lenders reasonable attorneys'fees and Lenders legal expenses,whether or not there Is a lawsuit,including reasonable aftomeys'foes,iMmies for bard niptcy proceedings(Including efforts to modify or vacate any automatic stay or Inf ndion),and appeals If not prohibited by applicable law.Borrower also will pay any court costs,in addition to at other sums provided by law JURY WAVER. Lender and Borrower hereby waive the right to any joy trial In any action.proceeding,or counterclaim brought by either Lender or Borrower against the other, GOVERNING LAW. This Note will be govemed by federal taw applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to he conflicts of law provisions. This Note has bean accepted by Lender In the C*Mnum realtb of Pennsylvania RIGHT OF SETOFF. To the extend permitted by applicable law, Lender reserves a right of setoff in all Borrowers accounts with Lender(whether checking,savings,or some other account) This Includes all accounts Borrower holds jointly with someone etre and all accounts Borrower may open in the futune However,this does not Include any IRA or Keogh so=r s,or any trust accounts for which satoif would be prohibited bylaw Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any and alt such accounts. and,at Lender's option, to adm►nistraWsly freeze all such accounts to allow Lender to protect Landers charge and setoff rights provided in this paragraph LINE OF CREDIT, This Note evidences a straight fine of crock Once Me total amount of pnnoAat has been advanced,Borrower is not entitled to furbthe°r loan edvanoes Advances under this Note may be requested ether orally or in writing by Borrower or as provided in this paragraph fender may, but need not require that all oral requests be confirmed in writing AN oomrwrilcat►ons,instructions.or directions by telephone or otherwise to Lender are to be directed to Leridees office shown above The following person or persons are authorized to request advances and authorize payments under the line of credit until Lender receives from Borrower,at Lender's address shown above,written notice of revocation of such authordy Michael A.Sola, Manager of GRQ Restaurant Entmittsee,LLC;Mara D.Cryster,lilomber and George J.Gutrw,Member. Borrower agrees to be Debts for an sums either (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrowers accounts with Lender The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lenders Internal records,including daffy computer prmt-Duds DEFINED TERMS AN initially capitalized terms used herein which are not otherwise defined herein shop have the meanings ascribed in the Business Loan Agreement dated December 4,2006 between Lender and Borrower,as same maybe amended from time to time FEDERAL RESERVE.Lender may,at any time,pledge,endorse,assign or transfer all or any portion of its rights under the Loan Documents,Including r err portion of the Promissory Note.to any of the WaW(12)Federst Reserve Banks organized under Section 4 of the Federal Reserve Act 12 U S C / Section 341 No such pledge or enforcement thereof shall release Lender from ds obligations under any of the loan Documents CONSENT TO AMENDED AND RESTATED PROMISSORY NOTE An exhibit,Ned"CONSENT TO AMENDED AND RESTATED PROMISSORY NOTE,°is attached to this Note and by this reference is made a part of this Note lust as d so the promans,terms and conditions of the Erdntiat had been 6*set forth in this Note SUCCESSOR INTERESTS The terms of this Note shall be binding upon Borrower,and upon Borrower's heirs,personal representatives.successors and assigns,and shaft mure to the benefit of Lender and its successors and assigns GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fad will not affect the rest of the Note Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them Each Borrower understands and agrees that wdh or wMmout notice to Borrower, Gender may with respect to any other Borrower (a)make one or more edditroal secured or unsecured loans or otherwise eAmd additional credit, (b) alter,compromise,renew,extend,accelerate,or otherwise change one or more times the bme for payment or other terms of any atdebtedness,including Increases and decreases of the rate of interest on the indebtedness, (e)exchange,enforce,waive,subordinate.fail or dwde not to perfect,and release any sewflQy,writ►or without the subsbt lion of new coftatatet; (d) apply such secu*and direct the order or ff anner of sale thereof,irmu dmg without Im WbM any non4udfdai sale permitted by the terms of the oordrollrng security agreements.as Lender m its discretion may determine, (e)release, substitute,eg"not to tate,or deal with any one or more of Borrower's sureties,endorsers,or other guarantors on any terms or in airy manner Lender BBr � when n�so� r �� on edeowing t,sma cow Borrower Borrower a o5w person sigins.gv e r t�8 tot extentmade by waldemand far paymard,and nobae of dishonor Upon any change m the terms of this Nate,and unless otherwise expressly stated In wnting,no party who signs this Note,whether as maker.guarantor,accommodation maker o andorser.zhafl be released from flablitly AAAI such parties agree that Lender may renew or extend(repeatedly and far any length of lime)this loan or release any party or guarantor or oogatera1,or impair.fad to realize upoi o perfect t andai'8 security interest m the collateral,and take any other action deemed necessary by Gender without the consent of or notice to anyone All such parties also agree that Lender may moldy this loan wtihout the consent of or notice to anyone other Ow the party with whom die modffication is made The obkgatwm under thts Note amof this Note joint and several If any portion of this Note is for any reason delairnmed to be unenforceable,it will not affect the enforceability of any other provisions CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENIIISYLVANIA,OR ELSEWHERE,TO APPEAR AT AW 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 SUR,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10°x)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECiION,BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOUARS(iMW 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 WANES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTWON WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL PRIOR TO SK3ttUrG THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE,iNt UDiNG THE VARIABLE INTEREST RATE PROVISIONS EACH BORROWER AGREES TO THE TERMS OF THE NOTE BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF TWS PROMISSORY NOTE THIS NOTE IS Qjv9N UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LW BORROWER. ' ' . 'L GRQ RESTAURANT ENTERPRISES,LLC 4t By. (Seal) Sola, Maraatger of GRQ Reataura et A. Donald G Boiter.IndW i ttOrrirrilssOfh Doomm, 2014 lgelmber,Paar>n dvanla Amcfation or Rotames NH611 MIDIrrKV�cCluao�Ol�Ibl,diM�rY�R71r.rG TrT 1111 Mf�rllwwL.M Ob�1)RCOgAY�.Ca�/�WP9 Page 1 of 8 'rr Savereig THIS NOTE MODFICATiaN AGREEMW fft is erdared Mao an ft 481 day of March, 2412 Me by and between (AGI 3ESTAURAN11' eNTOWRM. LLC, s Pmwytaar m lrrrdaed kdARy mgmy havkig an often of 881 Kr4R Road,HarrrsW%PA 171111.4.421, ad Donald G.a*r an rldm&W having an Wdmao of 1236 Oak Ridge Avenge,Slaty Wege.PA 1884.")%(aokcW*,tig*jg=MW and indni&w*,No IWMMLtl and 30NEREIQN BANK N.A. far wV!rasa as St3'VMtGN BMK wig►an a18oe at Ira AMwyn aerie.East Lai roarIts, Avows and Sprout Road,t+Awme PA 19085.1420(iwrelr>sfteraal6rrad to to Zero'orthe jbd`. WHEREAS,Bwrawers s;AevAed and ddiamd to lander,mWatt,a cert m Promrssartt None datad t>eceat w 4.2008,MW No.Btt51ti903i4,OMpkn No 25(arid rota as amended and MOW tram iliac to titre,ane wt�arttrand of aedenea,lhe'r taZ a:the or�r+d tx,ngpd arnor�of $142,000 n=%as amended by an Anronrted and ftwo Rawksory Note dad March 2,2011 reafl ,of 5 ,96613 C 1,a Buefness loan Agraerssent dated December *MEREK Use Nato and loan are seoraed by an OpwrW Mwtgage and Searlty Agreement from WX LLC.a Pennaybwrra knked bbft aonrpsM %Laxler dated Mad 2.2011.mouded rn Centra County on Apra 25,2Q11. Book 2078,Pape 561 (Ikd=l to Use mrount of$46,5%13 ewontetiV real prgx*boated at 314 West Aaron DOwe,Fergrm,PA IUM301a P%MWL and an Asstgr mta�and SCOCI.Ib Lm w d S=LECs dght,tr6eM NW WbWbereat granting a exrr6nuArg � m arid to ttte Reals!mm lire kW%Wed Pa sen,rewnW to Cwft County on April 25.2011,Book 2078,Page 652 Cof Re01; WFEE M 8orrorsW obliga ba wAv m Note no moo by Commemol t3ue rafts dated December 4,2008('St')6brsr MM"A eaW Malk D Chryder Gewpe d Sdm.grrmre*m MgMtg,Z as Lander wlseteby tiueranlors absohraely and W=*Nw^grmraoteed frig and punk payrrrwrtarrd aatfsbc*n of ere kdebadam of 80wo era b tender;and Ute pe+fnrrvwnoa and of ail 8onowgra obirg POM under the Nate and the fleNated Doasrneras, WHEREAS,Ute Not Amudw"tman Agrw ft maga,Asatgnmeataf Rasta.Omanft and a0 misted documents are referred to berms as ttre'L NMEREAS,Uw Mwlgaged Premises,the Roft gird N dMr co0aaerei grawad b Larder in co we W wor MeNow and Lair,and oft>t> aWdrm of Bomwer b tender are mly, ao tamp,aottectnre ,as Use'Codaaerat,ad http//columblgaop4/lq/lmagePnnter aspx7P=1&L=0&Scale=100 2/12/2013 a 4 Page 2 of 8 WHEREAS,any oplallaed lean ad of www a daflrted hereat abed here the meaning set forth in the Loert Documents WHEREAS,tw fort metwed on Deo wtw 31, 2DI1.and 8ww=Ned 0 pay 1*aft unpaid pidpar aatanoe of the Lawn,and ad wwwd arie"and tate tees,to fun on Om do, casftng an Ewtnt of DwtaA under On Note ffjMLV_QftC. ilYrMAS,8onowers&*wdedge and agree that=a wsuQ of tlw Nate hwAn8 wwww.Lender is enddad fio trrattede0e peyrrrerrt to 6rd of Cit b tle!Ander seder tte taan barb f)craotters also admowlsdge and spo that Lerft h s na dil;Mlm to melee addidwW tions or cdmnrae stand ecoid b Borrowers under the Loan Dowmerrta or olhomilm VHEREAS.Borrowers bare requested,and Leda baa agreed,to forbear hom aaercrmng aftaln nghls wad rernadres www to lean Docxm*ss a caaeequa w of the Evenl of Defaut WHEREAS,fforrawom have ftir w mooted,end Lender hes agreed,to"W the aft" of the Nota and amend and MO*the Note purumrd b the Ism sat fort!hereat, NOW TWEAEPOiRE.a amsildembas of fa broil"and for outer good snd+tela W eorwr ombi a,Bae rept and a tlk*xy of Wit is heaeby admWedged,th Dmineis wad Beek am as btlo-wa I R44s.tmd 3MMlMIUM Uyg]ft The above roaWls we ttareby made a part of this Agreernft 7M Bonorrers acJarotaladga and agree tlwd each of the racrlals b tare ata!oorrea 2. et +r The fawn and No ata hmr amavrded and modified asdesaftil bob* a An references to Sovereign Be*a Federei SwAngs 13o*in to Lean Doarments shall moan Sovereign Bonk Nattonaf Ammon,brnbrry b otart as Sovewgn Bank b NOt Aftlandiny wWlhwa in the Not to Ore cenosq.Ow maw*date of to Rate shat be exleraed to March 4,2018(Ote "l,an vouch date the outstanding pnrgW balance under the N*,togdw wdh at aaxued and unpW arberest fees,charges and etgterrses shelf be due and payable,in fud,wdhout tattier!totes or dtrmand Ati references in ftre Nate or die other Loan Documents to the ntattrrny date of Ote Nate or the dale on Osc h the sift wain"prate balance,ktgelher wdh any 4mued but ur p W interest thereon and ad otter was,owing by Borrowers to Lender shell be due and pwyahle to fud shall,from and after the Effecbm D*hereof,mean and refer to Match 4,2018 G NowuwardNtg anytltatg 0 me Nota to I*Contrary,affectw as Cf Mach 4. 2012,the aderpt rata fe be oppded to the unpaid pwapat ftadartoe of the Note abet be axed at Thres and Three Cm tar Pierces(3 75%)per or=ft d tbtrrtltstwft arlydang in the Nate to the embary. Banntaers strait n*e Sow*Too(72)memAwr rmordfriy prob ois d pbqW and b4oss f a►fie amount of ft NwVW Sody Two and 98N(3882 g8)u 5 Dodos,oarrrmou g en"4.x012 and catbn"on the sante day -2- http://columblgaop4/lq/lmagePnnter aspaV=1&L=O&Scale-100 2112/2013 Page 3 of 8 d each month ttermaif,and w h ane(1)W ho2utas msfabmnt of the ant m outsbrdbt3 Fw4d balance,and all awed and uvpsad irtt and bolo dna amd payable in M an!►Omb 4,2413,z0omi td,'tter raoe or demo d Seas payments are based on the wAdw dmg pnndpalbdavo d the No as set iota tm peraordph 3 better,and asksdated so es b ae>f amorttroe Sad VAdhm ft prbMw betmu m e4" mordhty psymanb;over a term d Sevetrty Tva(771 nNha contort M 00 Apd 4.2012 based ort a&W mww tete d 3 75%pat annum At pa manta shat be VOW test to loomed o tenet.and the balance.I ony.bomod One&W tees,andard catperd ban parm9dan,�ba**MR" PaYabla�ww we Mafuty Qate •kft f, L a Bsunawers adatowledge drat seat ttte date hereof thane b Duero modes the Nola the pmtppai sum d Forty Two ThouspM 9txlatndred Fouriaem and 90J10tt(S<2,ta1t 96j tf 8 Dolan,plus Interest,whwh gums are c*g vattomt defence.W off or ootattardalm, b tdo6attstandstg anY brans of the Note sx otter Loan Docwnertts th dte cortbary. Boltntrese drat not be entitled b obbdn amy addliortm harts or ed+rAnoes undor rte tJotear aUtert.oan Oopnnerss 4. 92DOft The t3fx agyeemsntio moonythe Wote and lent prasuW to the terms sot tort tarso a oposdy wn d cmd upon saNkSm antra fa MV condtbats psnaedent on or bebm the EffeeMe Dots a 3osroam sW delver to Lenderthis Agraemwt,m Imm and t ubdom sftbcmry b Leader sombed by to appmpdab POM b Lendeft mcoq i,at or bdora to Etlbck*Date,d oumwttevetertce Of trttsuorrlce on pwrkes shatsrg Lwtder as tmo"", c Lender's rewK an or bales the fiftft D el%d proal tat d ton an IN iAgrl WW pnemrses hm then pad to date d Lender's m000k an or berate the Effedw Dots,d a Pmau mftd Tr=sW form care iwW atd signed byBwraw m 5 aErort At CoWaemlL tr oft in this A6rsesmeat sttdl be oaraWW as kdft any mtecastthe t3astk slay ho e m !' The Barn Merl=do rte vdit and siert amass d Ura Loan t?au=nts rsie"to the Odieteral and wnfon the creta d We to bank on to M W d to SMve a4 d tree m&*bdmm and obtpa%=b Blau. Bonorlrers free bKt m Balk s eth"m b the Calaterei shag Ad be uripaoed by rte temts ortue Aoteemetd a RNMEMORM{nod tyarrs AML Sonowers t►effiby reproaw and warrant b under that a tf any Sommm is riot a naturat porsorl,to pemm e>aeadut3 this Agreement at behO d such Bcamw is duy amtto and to MOO M Agreenterd and 10 bM such Baum 14 tIo semis herwt -3- http://columblgaop4/lq/lmagePnnter aspx?P=1&L=0&Scale=100 2/12/2013 MUM 001---oIuaSV0='IV I=dLxdse aanuudagvtaUbfli doeblaum(oo//"dnq ' emd 4 Wau dsleRlQ M4* Qumnagllosvomlu9AAwpuepoawDvswo �044 �e��N k T4s lueut00►OM SKp��egl'SWOtueaop ueol etA lu��due pIR Areuteau6d ayt t�eaegeq A7oors a +�ul 7t�awe¢u9pt spp yo �eq1 j*m qt&smurl&Ip q a*pmwm 09 sou m*uomwAmP 1w11'aWwquw aq c1 Peumus�P iueuraeu�y m u Au0 g woumwd Aua a4 we m*01'0wm at Danotaa 0q lau �PuP dt++o ate+Aa��1I ara 10i1,t '01 ' Pua '�0tupadsas.4�+41 Pug Sar4ar!aq�to�eua4 �ol�lWguoga4l�i� �#�tee�/�I�gtit�a0ceacftai +�� o a4 eogou 40a �aPunsve4 coop qo PUe sy 04no;u*%mom e41 seq mm wpmp WVmlfW Due aloe st440`1 to RM WM aq+W luesuao bort SWM P 4 nWW UMWJOA 04PMW smAMM 04 At Pea6 m aq lou Awn IAV OU 100MV FOGRUMM 6 �+tet aWPJo�aO�oaouat�aoeo aq code l!al peluur6 OpUe�!� "P W^IMP M PM'fid w atp xwnvwpppmsu9wmKmm wwawj sq p uog�uoo uo uual aW�Aue 4�dldtuoa aq aoBprlo x�o Jwe.,a emwaua8�l° s41'slualurpo(l �'i 04►m 41�14�6�eP io 041 A uoq�pe u! 6 4N04 PMPBP UWA iwuwi pappowd 0a u6W we a4elduruu mum*w4 p uwom OR 4ks►WAMM&MM p�s�eM►wuog ergf ua►yr,Wau++le6 atA 1a 0 ku{041 ionDaP a4�aPu010410i9e��YQ�044�spin a'aa(�08p� 16a4i Or+Dil�st�+e�0deyl8uu+p�u'+mge+��+xeu� Amiguop"WwwommmhWamod iuwmftgqr46. Gap A4s s1 Imaw ap'peset#►un Sq mmm opume W p mprauw a mq vm Ota 85mp IN Sam aD m W4 Doan Aue jq'li 'gyp PWJM hue 4%qw" as u*4 44M►4111 VW aep uo"4 p Aed Ike►aeManag 041 uq�PoP � d�t�,eaPue'4 04f�'�uap�ud i1e1D�0 4 io t�tj+t+�aJ>�aaraoaq a4 Kltiaytau�tAeue �'M!u atA dad u4�0� u SPUN PMPJPIWQMQWSR Vpra8al&tl W#JWApannt*A SynOu W qe l0 lurau+a OVLVQG.Md japm aq W ow wm=vvnft WWAG 04110 auto aw WC 4 P"*Mauaw ak,0M 041 8aa4n0 4PM 041 WgWqPIWW 5FRW 1 MKM4 aA Mp AKwp Ak uwA Plnoa&*4 A 6tjru'uaanW gWXA a ue us a p Uqadod sp jo sw wm g at16up"Tava4ap uo&*uad'Alm=So jo Apoq OW48PM40 ILUM WW AW arokaq'dllebe u A Nq 4e'uorle6MW X Qurpeeaad W 9tapoe ou SMS aU l PuB'eltl a4 pambw 0a6 AoU1 pigs*Km 041 jo 0e Pa an sm auDs ou 8. 'o+Aw u4*we 041 at P P=AwA` a jo,wmw4puotacmq'ucwum 04 t4 Amp amp pie►ou u"q sq aegl Mm sm w"aq ate+up awe p 5p+e8 aB 44 AmM p Wo ap m te'mod=MMw p ut'ataldurou Pae WAM=ay aum Visa Ns 04 PROM IUVAM""ka swimm IN a Avw zord Pus !o po qeli aql Wo Nae! Ijaua6 ap Pe 4 oNmgft aA 4*a awIR sp tom►aauMw=w sWomgn s pue suawawa 041 p u wbw bm pa Pm S $I 4w98+65t =u 4 8 jo tr asud Page 5 of S t1. This/vreerrhed shat be aohtddbred one d1he Low t�octrrrserda.1fsbA9reenherd end the other Jaen DOraartards oOrrakbnie ttre soia agroembrrt of Ise pestes with respell b the$*j0d tattler hereof and fteraof,and eapersitde adoral ntegoaeloas va reepecd b the> nraler thhtreof and theroof Tt>cre fheaabe�ah ao tapteettidetbona,wenranles,prarrhses, mdhtcentersbt a<�otany idndshrade byanypsrrtyt+ereb aotbeefber� m tlrr srhetlate stat bo heft ex Mas o pressly arenrona>kced in txat Agreement. Bo *Mm admwWP thel bay here had the opporbrasly to retest sxhtnhs8l of heir own drooefig h tonnedion with tlheht aOrtside�forh of thisAgreerrharst tharO had stdeghtats opporktrhAyy arrd txra b coanaidK are imrrha of Ms ApnemsM,are and ar�.rb��fraeiiR. ted w dure�� .pirya�d a atthmwtse 12. FurfWAMQWJt. ftse8arvwe+sagreeaazacoriranQdalr�erhitepder>� aft"docurterhb,insbarhsrres and agreenhents and tft Such iidW strtiion 89 loader or IS cohmaet may masonabgr►e n from Orm to brrhe b 000MM IO khterhton of acs Apoaaaenk 13 lb g&ft bo Ext ed.Boom% stat Lender a not obigatod b kathor extard,ranmrarottcsrh�ise rrtodAytlteloan aenyofttse!can Daaarreats 14 W hnmAulomft—ft to the e+sSut Borrowers steal Q i1e uth eaybarkupty teat dcompennsrt pun as orbs go sAPd ofaeyf aim m der the BRW* jr CW%(}bees m*ddanyoiderformWisoued htrhder the Bm*trptay Code.(Ii)So or be the mbptd of any petrbmh seekug ashy reorgarhhxebort.artartpement compOaDiorh�Iquldabon,soht a ahrralat teles ptrder any Present ortutue federal or stats ani Or lave 1011"ID blAnVICY.khohmM Or otter mWbr debiDm(Ml have vaW or mas m%d b or Acup load in the appokttWM of WYK04,MOW. oonserra6xor rgasdafinr;or(vjbet1rrF> of arty order',pt4pmersS a dwaee erhiahed stets ar►y noun d mmpe4s+ttpr=lcbon approhmy a phd+kmh teed egamst shah party for ams vem9rimallo%srangomnL cothtposhbah,readjhrt�hhent.5gwdabaq.dssealultxh a e>fntcar hetret hYander any preshaht ar thdreo isderac or sista actor km mlanq to bmMOcy.breolrerrcy or Water mW t r dd@t m ansa,arrbjsot b CMd apphorb, tender shad ftmW be o died and Bhttrawbs 1000ft MUM b nAet from aubntdc stay MOW W by Secooa 982 rd air Bankrtrpby Code,m aarertr W.Mar egasnstthe exOhdse Otahe*band 1e01e4hes otsernrise avesabie b Lender as p oWO in the loan Oocummna ane In Agreernerst aid as other me pmAdea by law,ane 6000"m hemW=Yom*valve their rfetrts to 61W b amb relVef I& ! 4f Ruhhenrhio. hha retebansblp bNween to swoon.Guarantors and t erhder a►that of debtor and oredttar No t V mh 1 ,11 i In this Agreement ifs be dsaaad to vele a pame"or pg ventnra bib mn oonowrtr%(iiswartbrs and tender,or to mm mg,Lmder b be stable or rssponsft in any way for to ac4one,kabMbet debts.or obtigalkM of swoon an dibr Guwmbm 16 Rubftgg w&W llWw Borrower may assign ashy after obipatlora tharettrhder or huhdm any roleked aQrsemerd b m►Y parson wittout are prbr wrhtiert oornerst Otahe Lender Tho Lender whey rash noises>a stet sxu ofstrry persoq at msipn puts parkoitim m or wwwse*Wm at all or any phxft of tie Note.Ib Aweemed attest IN AWW e9t+4ettreW In eonracbm thenswkth,the Lender may the Imhe b a prospadi,se purdhaser,aaahgnee,Derbcipehst or itarW$me any mbnnabwh pissed by the lsrhder remm b the Loan and are Colieterat sreote V the loan .5- http 11columblgaap411g/hnagePrtnter.aspx?P=1&L==O&Scale=100 2/1212013 Page b of 8 tt ani, E as rped6�Rtr fnodMted by Ina Agreenrnerd.afl at tie Wn s and condMans of Be Lam Oowrnents sW be uuaoddled aad sono n M tows and effect Thm Agreement deal not prelWa any pmtor Mn r#ft.rernedres,be, cr ptrssefe betonqng or aoaamg L�rrterrrtderthe of>frdDart asanoendadb2/fhLs{Igreerrmm WtMV LIMITING THE GENERALITY OF THE FOREGOING,BORROWM HEREBY RATIFY AND CONFIRIt THE CONFESSION OF JUDMOIT PROVISIONS AND 7HE WAIVER OF THE Ri(1tfT TO JURY TRIAL CONTAINED IN THE LOAN DOCUMENTS ts tsNgntiw! � ama�tN. f9otloxateeodibNpat>etorterandsrwrrar3 eNlotnepof arty court of retard,aRerthe ooartetnoa ai an ererdd�bt#under arty d the tater Dowmerds,b aDpeaz far Baeawera n ww ac ton brought apafnd Bortvmm an!2/f Nae at One sd at Lender,and b or enbr pbpment apar�i Borrovwnc forint entire prYiaped bdmoe d ff+a Nole.all awmed interest and d 011W emourts due thereunder,t4gethe v*cow of ad and an adeomeys aanrnbsion dire paw of 10%of oxA prindW end asenesW Ind aftr snms doe or 35.000 added w a r ;ilxnr6le eatnrWc ft and Torso dohny ire Nota at a copy of 8 vended by aftdevR shall be a Q 4 KA vrenant.BORROWERS ACIU+tOWLEDGE THAT OY AGING TO 711E FOREGOING CONFESSION OF JUDGMENT, BORROWERS WAIVE THE RIGHT TO NOTICE ANDA PRIOR JUDICIAL PROCEEDING TO DETERAIME THEIR RMM AND UAffltlflES ANDFURTM ACKNOYYt.EDGE'iHAT LENDER MAY, ON DEFAULT,OBTAIN A JUDGMENT AGAINST BORROWERS FOR ALL SUMS DUE WITHOUT THE PRIOR KNE OR CONSENT OF BORROWERS AND YIATHOUT ANY OPPORTUNITY OF BORROWERS TO RAISE ANY DEF&&i~,SET-OFF,COWTERifM OR OTHER CLVM THAT BORROWERS MAY HAVE BORROWERS BRANT THE FOREGOING RDI T TO CONFESS JVDMENTA8 AN E*UCIT AND MAMAL PART OF THE CONSIDERATION BARGAINED FOR BETWEEN MOWERS AND L ENMR.Tftadwkyto=limpWwdhemingmnWbyBwfmm steal net be e>emaated by any ezenase of R but tdta0 oondrute from iroe to tnne and at aA times until payment in tui oN so amounts due Swayers bemby spKMWy suft=the 9dy of nepeeled Irdgrttents oaten ire paragraph until 6A paymerd also amounts due ndvdv*4tg any pnor eftyalp%pmu the tenneoracgr otherarmtotQrarteobMgaBonorarfy porbart Snared 18. MMWbn This AWeraent 9M MA car 0*%a novation and and rd h anyway advemWyaftedorargav**WnprlorllyditMoVoeordned*wL=Docum* Nftlnslpmmnt of any part hateat or any ncbnuneM MWAW in eomecbm WNrtdn,dna!to aonswo or nhdl q*fM to eW the Yen prw*cf Me Ado W or ire df Low Dae mf�bw flus AQnaemerrt a2/LtrAVs option by wrt m noboe to Bwrmee,WW be void and of no further torte and effect NcWd%WWhV the tanegong.Cha parties hereb.as betrnsen llnemsalvo%Od be boned by d of ft temrs and tmruMn s of dva Agreement adti as wtftttedneae awrg tran Sanoww to Lender has been pard in tui. X ftC_MnbpmbM T1serrirdrxerneutbLeaderbartamtofhkApmnftftcrnowers > rrarnerrt,covenant and agree that 8onovrets have no cannni�srrJeins,defenses, « +ewupmenls morin respect b the endaoen+ent of the ibfc or then Diner Loan Dansmrerrta arwnM respect b qsa Indeb seared thereby,or veAn resDeQ b Nle caitecbon or ernfarannerd d anter d the same 21. Se8antta fm ftmPv m Bowman bd Oct fhar adm and&V patron a Bray d*ws by or tNvough thane(adec4udy,ire ,'N bareby unaorw2b natty mim Meese end fomW dmdrarga LsMer, pstart oaporalxm,eulmidevs,aTam bunsteea,aftebaWs,WNWA.pradaoessars.trrcoeswn end assigns and Ow meas,axwAOrs.aftw r 0s.sucDO ors and MP$of aryy wch person or entity,es .a- hitp.//columblgaop4/lq/lmagePrinter.aspx?P=1&L==O&Scale=100 2/12/2013 Page 7 of 8 abasm Oftamv.the 'l•dew from any and d mamw of actions,coos of Aaron,aft deift clues,swift ft bonft cammuft oontred&ageeentenb.promt6M wanar bL V mr Uft repreeantoom,Ir mnw"W yens,VWmW,oto,wx*mMm aceadaom de mms w dlor demands ow.erdudM dWm toot oantrSaabon UAW kft",whMhar ROW krarar or Oftm, pest or prewo.asserted a unuserted,cotdm9w or hqudaw,at fare of In e*mty,or resuwwp*many natd,A�►(oorectHeiy.tfhe 9�wiridr any d Rrseeerhad.now ham.ar rhe i>sue any of the .is a by r�oq of tlny a harp wiubsoehrer,attsMtg Som the bayeamp of dura m ore deo hereof.*rd+dmS but not traded to,erry sand cit r relating b a aneag from the Ie&V a artry atlwr hetaada►shlp between dyOlft Reieasaea and 8onaeera 8onmm raprew rand warrant tat I"halve tat assigned.padSad,hypot hec813ea andlor oda me tlw*d haat ardibt eN a any part of the Cbmha betrp reletded�7 endthat d hereby agrees b indemM and hold henrAm any and ail of Rt imm egemdvg m any Clam so MMWVK pledged, trypothecaied,drvesbed andlOt eaprrnbeted b tasetlad The prodsforrx a Ras Section 21>d!�ourvnre sabsfactbrh of the odligaborrs of Boaa>ruers under acrd purausrd b the Loan Doa�rtrerhts 22. WOM 9UMT 8asrowars amd Larder war ar7 arrd at rlgMts tlrey may haws to a Nrytnal n connecbn wdh my sb9dm mnetaenc�ed wdt respect to Sae fights and obflgebons of the par0es hereto pu u and to the Loan Doaamenes a this Agreement. a uLm lfthk Ilgr eertheatt sfiall be ga rr►ed by trod toatatrued ah eceordenc�s vdth tae taws d tae Coramorwr of PerM>ty�ntm Ew�orrt rtrgard b tae pMdpteaof t a tdroroe affarrl 24, OWN Eads and every ons d the roans and p wmm of arts AWeemrd shell be hrrdrrg soon Swower%gm m ewn and mom sed sW an Is rite benefit of Larder,!s srto�sors ane aaegths 25. 12 Nofidhme to emardse.and no detay in ermmbV atM ref rt,pum r comedy under the loan Doraarraanha.tre Agreement a under eny doawnent detivered by borrowers purs'umd hentaor hero6elae pursuant b the tmrhsectorhs con0ert�abed hereby shell rmgelrarty�power or remedy whrch lander tne�y boas,rwr dael any anch tlefay be txtrhttnred b�a wadvet d any of such ttgtrts. powers or remedies,or an xqul L%om in arty breads or default under the Lm Dommots.tars Agreernerat oraay tloaament del'nrerad parsuard to thrs Agreernant ott+e tons corrbd her+eDlr,rte t9►es ami w�9i4erflF aThr breach ar de�rttt Ot 8crroyrers ba aeetrhed a waarveraf any defardt at brtaeh arbsegnenty�rrrmg 2t±. 6 t argr ane or seen of the proamons ehfahhad m ltus Agmemt is tie r 9m gone a lneEftW or�not m Ift� A apaned tharoby � 27. fag mW 6raenaea. Borrowers*W be responrable for the Psyrnwd oQ sil costs and expenses mid tow fwMcaban d the Low Doetanente eel fora►n tms Apr wwM Idwft without imAallon,appraisal meta,tote charges Aad Ore fees and costs of tathde+'a ooutrsetl 28 - ham.Tft Aare¢rrhent and the Loan Oogranera cansldnea bre enbm sgreem t between the partes hemb wth respect to the a A*d costar ihered Ttra Rpraam d pdmurodwVemt pemrted fa cmvadd the W"heock to tm av arty -7- http•//columblgaop4/lq/lmagePrinter.aspx?P=1&L=O&Scale=100 2/12/2013 Page 8 of 8 umasataades between the prowmns od ttas Agreement and the loan DmmmnK the pramoons of the Agreement Od to LkM tJr m the context othe#Aw speaAes or tequues,d of the ttortta wW oft AWmerd shah No apple etp*to da wquW ane pbjnd fangs of nth Wm and to al gendem X The Agreement may be as WW to ate or more umoWpmb by some or • ap alto pates heft,each of wbM euunt M th stat bean Duret and ab of i tt te90w mall a eagle agteemard WTNESS the due emtartfon hereof as a dxuMW under feet,OM the MW h be bg*bound tau rr BAIK" tAteas arA SO�NER�t;N BANK Bolut VRAM start W*wl A. Sots. WmOW of riga gent bb pnm LLC own G t3oter,ind h LQIW ft ID::rIlI f 110R1 M{►�Clk:!:Zr-l:= m, EnMpt� IpNlN11MPER 61o1�ii�CW 1rttV.4O1E_M1,bCA t1OCCEiDE rOOFYCitR7ROO! OOCt1el.h&&%~ 3417 1MJER Mcg m Oft VOLS u1211 al"AM �S. http./fcolumblgaap4/lg/lmagePnnter.aspx?P=l&L=0&Scale=100 2112/2013 EXHIBIT " B " M r COMMERCIAL GUARANTY Borrower GRO Restaurant Enterprises,LLC Lander Sovereign Bank,a Federaf Savarps Bank Donald G Boiler MAIL CODE 60-571-CMI 681 Knight Road 1535 North Atherton Street Harrisburg,PA 17111 $ate Coilage PA 18803 Gliertsttttir Michael A sola 2130 Yale Avenue Camp Hill PA 17011 CONTRIjUING GUARANTEE OF PAYMENT AND PERFORMANCE For good and valuable consideration Guarantor absolutely and unconditionally guarantees full and punctual payment and sattsfaetron of the Indebtedness of Borrower, or any one or more of them, to Lender and the performance and discharge of all Borrower's obligations under the Note and the Related Documents This is a guaranty of oayment and performance and not of collection so Lander can enforce If-he Guaranty agaxtst Guarantor even when Lender has not exhausted Lender s renredias against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,thus 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 some 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'&obligations are continuing INDEBTEDNESS The word 'Indebtedness'as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times,accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law,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 indrvrdual or colfectrvely or nterchangeabily with othe s,owes or wdl owe Lender "Indebtedness'irnciudes,without limitation,loans,advances, debts overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection apreements or foreign currency exchange agreements or commodity price protection agreements,other obligations and habilmes of Borrower, or any one or more of them and any present or future judgments against Borrower, or any one or more of them future advances loans or transactions that renew extend modify, refinance, consolidate or substitute these debts liabilities and obligations whether voluntarily or involuntaNy incurred, due or to become due by thea 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, lose 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 Isuch as infancy insanity, ultra vires or otherwise),and originated then reduced or extinguished and then afterwards increased or retnstatad If Lender presently holds one or more guaranties,or hereafter receives addrtronal guaranties from Guarantor,tender s rights under all guaranties shall be cumulative This Guaranty shall not(unless specrtrcaly provided below to the contrary)affect or invalidate any such other guaranties Guarantor's liability will be Guarantor%aggregate liability under the terms of this Guaranty and any such other unterminated guaranties CONTHWING 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 OR ANY ONE OR MORE OF THEM 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 of to Borrower and will contirua o fUl farce until all the Indebtedness incurred or contracted before receipt by Lander of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor a other obligations under this Guaranty shall have been performed in full If Guarantor alects to revoke this Guaranty Guarantor may only do so in writing Guarantor s written notice of revocation must be mailed to Lander by certified mad,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 Lander 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 or due For this purpose and without limitation, "new indebtedness' does not include all or part of the Indebtedness that is incurred by Borrower prior to revocation,incurred under a commitment that became binding before revocation,any renewals,extensions,substitutions,and modifications of the Indebtedness This Guaranty shall bind Guarantor s estate as to the kidebtedness created both before and after Gc eranror's death or incepacity,regardless of Lender s actual notice of Guarantor's death Subject to the foregoing,-Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the same effect Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Gruarenry A revacatton Lender receives ran ary ons,or -we Guarantors shell not affect the liability of env remaining Guarantors under this Guaranty it is antteipated that fluctuations may accur m the aggregate amount of the brdebtedness covered by this Guaranty and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to sero dollars iso 00),shad not constitute a termination of this Guaranty Tiros Guaranty is binding upon Guarantor and Guarantor's hors successors acrd assigns so long as any of the Indebtedness romans unpaid and even though the Indebtedness may from time to time be sero dollars($0 001 GUARANTORS AUTHORIZATION TO LENDER Guarantor authorizes Lender either before or after any revocation hereof without notice or demand and without lessening Guarantor a Itabdrty under this Guaranty,from time to time LAI 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 addrrwnai credit to Borrower 161 to alter,comoromtse renew extend accelerate or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the indebtedness including increases and decreases of the rate of interest on the Indebtedness extensions may be repeated and may be for longer than the original loan term ICl to rake and hold security for the payment of this Guaranty or the Indebtedness and exchange enforce waive subordmate fad or decide not to perfect and release any such security with or without the substitution of new collateral (DI to release substitute agree not to sue or deal with any one or more of Borrower s sureties endorsers or other guarantors or any terms or n any manner Lender may choose (C) to determine row when and wrist appnoaoar of oaymenrs and c•edrts aralt be trade on the Indebtedness IN to apply such security and direct'he order or manner of sale therror -no-..dirg Wit'laut b•ni•at,on any�onjudre+ai sale pe•mitied,by the terms of rhe controlling security agree-rer• or deed of tr,s• as Lender n i c diserut,on -ray dererrnine lG- to sell 'ransfe• assign or granT par-etaa•rors in all or any par+ a' he lydeoteu ess and ,H) M assign or -ranger this G aramy n arno.e 3r i oa•t GUARANTORS REPRESENTATIONS'ANO WARRANTIES Gusrartmr rppreserts arrd ware--s -� Le-der —,a (A eorese� -i urs nr agreer-errs o 9 v <^d-a.e beer,—ide to Guarantor ehr- niau'd in,,,or gt ah+y n a^r t.11, 'i= P•^s o'this G-a•ar-v 'B1 -i,G.a•ar r s -„ao,red at Sur „ver s eques, arc i at the reques, )'l e^oer Cl Guarantor ,as tu„co+e gn and a th„r ty *u ewer r to% 3,t•rr+y s or s rr ,s G.ara-i i 'u no, ;.int,c•vv n ,r•es.r r e 3etaur.rde ary agrt i 3 a"er rb-,ter .rJ..3-pl` �_ar rr-cr COMMERCIAL GUARANTY (Continued) Page 2 and do not result in a violation of any taw regulation,court decree or order applicable to Guarantor IE) 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 therem, (F) upon Lender's request,Guarantor will provide to Lander financial and credit information in form acceptable to Lender and all such E9,ancial information which currontfy has been and all future financial information which will be provided to Lander is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the finantwel information is provided IG) no material adverse change has occurred in Guarantor s financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may mater ally adversely affect Guarantor's financial condition, (H) no litigation claim, investigation,administrative proceeding or similar action Inchxhng those for unpaid taxes)against Guarantor is pending or thraatenad, JJ) Lander has made no representation to Guarantor as to the credltworgmness of Borrower,and WI 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 arty way affect Guarantor's risks under this Guaranty and Guarantor further agrees that Lander shall have no obligation to disclose to Guarantor any Information or documents acquired by Lender in the course of its relationship with Borrower GUARANTORS WAIVERS Except as prohibited by applicable law, Guarantor waives any right to require Lender (Al to continue lending money of to extend other credit to Borrower, IB) 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 pert of Borrower Lander any surety, endorser or other guarantor in connection with the Indebtedness or in Connection with the creation of neer or additional Ivens or obligations, (C) to resort for payment or to proceed directly or at once against any Person,including Borrower or any other guarantor, (D) to proceed directly against or exhaust any collateral field by Lender from Borrower,any other guarantor or any other person, (E) to give notice of thio terms,time and place of any public or private sale of personal property security held by Lender from Borrower or To comply with any other applicable provisions of the Uniform Commercial Code, IF) to pursue any other remedy within lender s power,or (G) to commit any act or omission of any kind or at any time,with respect to any matter whatsoever GLwiarrtor also warvea any arid all ngh s;or defenses tweed on suiretyship or impairment of collateral including but not limited to any rights or defenses arising by reason of {A) any "one action' or 'arm 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 of 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 anycause whatsoever,other than payment in full in legal tender of the indebtedness 10) 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 suet brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations, or Ill any defenses given to guarantors at law or in equity other than actual payment and performance of the indebtedness if payment is made by Borrower, whether voluntarily or otherwise,or by any third party,on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoft counterclaim counter demand, recoupment or similar fight whether sucn claim .demand or right may be asserted by the Borrower,the Guarantor or both GUARANTOR S LMDERSTANDING WITH RESPECT TO WAIVERS Guarantor warrants and agrees that each of the wavers set forth above is made with Guarantors full knowtadge of its significance and consequences and that under the circumstances the waivers are reasonable and not contrary to public policy or late If any such waiver is determined to be contrary to any aopbcable law or public policy such waiver shall be effective only to the extent permitted by jaw or public policy RIGHT OF SETOFF To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor is accounts with tender (whether checking, savings or some other account) This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open in the future However this does not include any IRA or Keogh accounts,or any trust accounts for which setoff would be prohibited by law Guarantor"ilio izes Lander to the extant permitted by applicable law to hold these funds if there is a aefauh,and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty SUBORDWATIDB 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 herebv expressly subordinates env claim Guarantor may have against Borrower upon env account whatsoever to any claim that Lender may now or hereafter have against Borrower to the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy by an assignment for the benefit of creditors by voluntary liquidation or otherwise the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be pard to Lender and shall be first applied by Lander 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 orovided 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 of obligations of Borrower to Guarantor shall be marked with 4 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 fele financing statements and continuation statements and to execute documents and to take such Other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty MISCELLANEOUS PROVISIONS The following miscellaneous provisions are a part of this Guaranty Amendments This Guaranty together with any Related Documents constitutes the entire understanding and agreement of the parties as to rhe matters set forth n tris Guaranty No alteration of or amendment to mis Guaranty shall be effective unless gi.en it corning and signed by the party or parties sought to be charged or bound by the alteration or amencimert Attorneys Fees Expenses Gjarantor agrees-o pay pan demand all or Lender s costs and expenses, ncli ding Larder s j' rr eys fells irc,Larder s legal expenses ncurred n connect on with the enforcement of tris Guaranty Lander may ntre or bay so"neo,e else •J help -,rvice •hs Gua•antl and Guarantor s6311 oay tie casts and expenses or such enforcement Costs and expenses rclude Lerner i•v"eys lees and legal axile^ses whether or nol here s a sws.it 'rch.drrg attarreys 'ees and egall expe^3e3 'a, hall K'Jp i,vj,;-Pd,rgs i n? J,,q a-fui-s ro mod,') jr Vsc+ia wry auvna�c stay u, 17i..%-100 saauals and vny a incrated cyst .d,; ter, ,-r/.es G a-an or a-so c'^al p3!a,l -ourt_os sand s.icn add, .mal lees as'tea, oe di'ected by*"a ::Ou- Caption Headings tact Dr ^Paarrga rn -a 413..9r Jrty a•p f-i :.or ve ielce : r0k.AeS 7Iry arG Ve ^J" U Oe bed"9 C = 'I a to ��:J^s 31—.5 G 9r8r'! f... COMMERCIAL. GUARANTY (Continued) Page 3 Goven"Law This Guaranty will be gowrvd 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 confbcts of law provisions Thu Guaranty has been accepted by Lender in the 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 a attorney with respect to this Guaranty,the Guaranty fully reflects Guarantor's intentions and parol 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'feast suffered or incurred by Lender as a result of any breach by Guarantor of the warranties representations and agreements of this paragraph 1nUirpretation in all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context end construction so require, and where there is mwe than one Borrower named in this Guaranty or when this Guaranty is executed by more then one Guarantor, the words "Borrower' and 'Guerentw" respectively stall mean all end 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 lot 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 mora of Borrower or Guarantor are corporations partnerships,limited liability companies,or similar entmes 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 an 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 taw,any notice required to be given under this Guaranty shall be given in writing and, except for revocation notices by Guarantor, shall be effective when actually delivered when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courser or if mailed, when deposited in the United States mad,as first class,certified or registered mad postage prepaid,directed to the addresses shown near the beginning of this Guaranty All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the sactaon Of this Gust"entitled 'DURATION OF GUARANTY" Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address Unless otherwise provided by applicable law if there is more than one Guarantor any notice given by Lender to any Guarantor is deemed to be notice given to ail 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 on the part of lender in exercising any right shall operate as a waiter of such right or any other right A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a wanner 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 end Guarantor,shalt 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 on any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender Successors and Assigns The terms of this Guaranty shall be binding upon Guarantor and upon Guarantors heirs persona( representatives,successors and assigns,and shall be enforceable by Lender and its successors and assigns Wows Jury Lander and Guarantor hereby waive the right to any jury trial in any action proceadmg. or counterclaim brought by either Lender or Guarantor against the other ERROR AND OMISSIONS in consideration of the ban made by Sovereign Bank (hereafter referred to as 'Lender" to the undersigned, the undersigned does hereby represent the promise as follows Upon request made by the Lender, its successors or assigns the undersigned will execute such documents as are reasonable to provide assurance to Lender(1)that the obligations undertaken by the undersigned in connection with said loan will be faithfully performed (2)that any and all documents and instruments signed by the undersigned in connection with good loan are accurate statements as to the truth of the matters set forth in thern and constitute binding obligations upon the undersigned according to their tenor or(3)as to the amount of said loan outstanding from time to time and the date and amount of payments made in respect to said loan Upon request made by the Lender its successors or assigns the undersigned will re-execute any document or instrument signed in connection with said loan or execute any document of instrument that ought to have been signed at or before closing of said loan or which was incorrectly drafterd and signed to facilitate full execution of the appropriate documents AN such requests shall receive the full cooperation and compliance by the undersigned within seven (7) days of the making of the request sat forth above The failure of the undersigned to comply with thea obligations hereunder shall constitute a default under the documents executed in connection with said loan and shall entitle Lender or is successors and assigns,to the remedies available for default under the documents executed by the undersigned 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 shell mean amounts m lawful money of the United States of America Words and terms jiad 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 Harrower The word "Borrower" means GRO Restaurant Enterprises LLC and Donald G Boiler and includes all cc signers and co makers signing the Note and all-heir successors and assigns Guarantor The word Guarantor means everyone s,gnirg this Guaranty including without limitation Michael 4 Sola and in each ease any signer s successors and assigns Guaranty The word 'Guaranty means this guaranty from Guarantor to Lender fndebtedness The word Indebtedness'means Borrower s indebtedness to Lender as more particularly described in this Guaranty Lender The word Lender means Sovereign Bank a Federal Sayings Bank its so.ccessors and assigns Note The word Note' rears and includes e.,pout lirr,tato^ all 3f Borrowers prom ssory rotes and or credit agreernen-s ev,denc-rg Surr,nwer s loan oolig-ations in faior of Lender together with all renevsa,s of,extensions of modifcarons o' re,rani nos of ;3rsoj da-ions -mf and subs-rt.idons -or prnmissorir notes or credit agreements Related Documents The worJs Related Docurher•s Tean ail oromssor, notes c-edit agrear^erts .oar ag•eerrerts ern,•3^—er-al agieema)ts gw ar'e. se:. ry ayrtemcr-s murtgages deeds J' r„b arc i.r deeds culia-era, "ortgages a^d a, :)'c' ,r s".r eras agrB3rrertg a^d dac.rrerts w�vher now or herear-er e<s,rg motes, te-, n carnet*or ,iv ti tie 1^deotPdnass CONFESSION OF JUDGMENT G!.ARANT)P uERESN IRRE+DGA;1Lm Ai,'r1ORIZES AND EIAP04ERS a•ln ATTDR`iE CR THE r' COMMERCIAL GUARANTY (Continued) Ps"4 PPOTRONOTARY 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 170961 OF THE UNPAID PRINCIPAL 9ALANCE AND ACCRUED INTEREST FOR COLLECTION BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY,AND FOR SO DOING THIS GUARANTY OR A COPY OF T HIS GUARANTY VEWIED 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 VA AD011110N FACH 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 MANMM SET FORTH RR THE SECTION TITLED'DURATION OF GUARANTY' NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE THIS GUARANTY IS DATED IDD ts�cas.A_ THIS GUARANTY IS GWEN UNDER SEAL AND IT IS INTENDED T"AT THIS GUARANTY 19 AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW GUARANTOR /5 Micalj��p�_T'. INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) ISS COUNTY OF On tins the day of. 200ke before me �4SSC.l— the undersigned Notary Public personalty appeared MrchW A Sod, known o me to, saticfaotonlY proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he or she execi.ted the same 'or the purposes therein contained on In witness whereof,t hereu sst my hand 7 Notory PuWtC C --— WEST HANOVER TOWNSHIP R'I DAUPHIN COUNTY Nom'Public in and for the State of Q!AAm 'cam. MY COMMSSIOn Expires Aug9, 2008 WRMO YeYh Mr ib00 m1 IYw.aM/rawv+WMwe w 1]]l]� NtiU•II�r �i OpLJMN.IIOIR W FV K�IIMp.N] DISCLOSURE FOR CONFESSION OF JUDGMENT Borrower: Goo Reataurarn Entarp mes LLC Lander Soveraign Bank,a Federal So—go Bank Donald G Boller MAB.CODE 80 671-CMI 661 Kraght Road 1535 North Atherton Street Hsrmburg,PA 17111 State College PA 16803 Declarant Michael A Sola 2130 Yaie Avenue Camp HNi,PA 17011 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING THIS KtII_ DAY OF _ FW4 u- 20®(i A GUARANTY OF A PROMISSORY NOTE FOR $50 000 00 OBLIGATING ME TO REPAY THAT 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 EXECUTOIG 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 MIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT AND 1 EXPRESSLY AGREE AND CONSENT TO LENDER S ENTEMUJUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION INITIALS S 1 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 Y BANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW WITHOUT GIVING ME ANY ADVANCE NOTICE INITIALS C AFTER HAVING READ AND DETERMINED WtWH OF THE FOLLOWING STATEN13ITS ARE APPLICABLE, BY INITIALING EACM STATEMENT THAT APPLIES,I IURESENT THAT INITIALS 1 I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL N CONNECTION WITH THE GUARANTY 2 A REPRESENTATIVE OF LENDER WEC04CALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION O I CERTIFY THAT MY ANNUAL INCOME EXCEEDS a 10 000 THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 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 DECLARANT X ISeal) Wiichaoi A off' )U" .qtr c o Tt 16 01 ft) EXHIBIT " C " CONSENT TO AMENDED AND RESTATED PROMISSORY NOTE BoTQW@r GM Restaurant Enterprises.L-I-C Lender. Sovereign Bank,a federal savings bank . Donald G Boiler MAIL CODE.60.5714= 681 Knight Road tt.0 North Athertoe Strrdat Harrisburg.PA 17111.4921 State College,PA 1680E-3042 This CONSENT TO AMENDED AND RESTATED PROMISSORY NOTE Is attached to and by thin reference Is made a part of the Promissory Nota, dated 6%r[wkN '7' 7_b t 4,and executed in cmnection with a loan or other financial between SOVEREIGN BANK, A FEDERAL SAVING BANK and ORQ Restaurant Enterprises,LLC,and Donald G.Boiler. r�C� p p On tins 61e Z day of_ }y l t t 1 .2011 The underslgtted(dark D Chrysler,George J Sumer and Nbd=W A.Sok(the"Gu wantors"l,consent to the amendment and restatement of that certain Prondssory Note dated Downber 4,2006,as the same may have been amended from thew to time thereafter.by and bows"GRQ Reftun+nt Entwpdws,LLC and Donald G Boller(the"Borrower")and Sovereign Bank,a federal savings bank(the"Conder')and to the termm prnvw ons and mattar set forth therein. Furbw the undomtgasd GuaatRora reaffirm their Commercial Gnmrarntess dated Decernber 4,21M. together with any and all agreements,instruments,and documents securmg or relating to such Guarantees and arm that such Guarantees continue in full forts and effect,pursuant to the terms thereof,except as Specifically aatwWW by the Amended and Resffibed Promissory Nota of even date hwowdh, and continue,to be valid. enforceable and binding in accordance with their respective tames Ag references to the Promissory Note in the Guarantees shall dao refer to the amendmant and rostatmar t as referenced herearebava. NO SMFF, The undersigned further agrees and acknowledges that the undersigned have no charge.claim demand,pies or setoff upon,for or agmnst the Note,the Mortgage.Guaranty,security Doeumerris or any other loan documents in any way or manner whatsoever D.Chrysler George J subwq V-� - Michael A.Sofa THIS CONSENT TO AM@f DED AND RESTATED PROMISSORY NOTE IS EXECI M ON !"�t�ir Z COL ,t BORROWER: GRQ RESTAURANT ENTERPRISES,LLC (meq t t + Miedw A. Sots, Manager GRQ Restaurant A es,LLC X (tel) G.Relive,Intlfvittuall uonwiowa�w unem or,,,.,,,,".,.w�rr.�„s,�sn. ,.wrn�r,nw �arc rnaw¢nwaea aor+taoNw &TK Or p grstr(,vAlvra Nottatal set9of it 1Awk 7At4 ��AeapNOOrrks EXHIBIT "D" ALLONGE Allonge to that certain Amended and Restated Promissory Note dated March 2,2011, in the original principal amount of Forty Six Thousand Six Ilundred Sixty-Six and 13/100 ($46,666.13) Dollars given by GRQ Restaurant Enterprises,LLC and Donald G. Boller ("Borrowers")to Sovereign Bank,N.A. f/k/a Sovereign Bank("Bank"). Pay to the order Noble Opportunity Fund I, L.P., a Pennsylvania Limited Partnership. This Allonge and endorsement is made without recourse and without any representation or warranty, express or implied,by operation of law or otherwise, including but not limited to any warranty under N.J.S.A. 12A:3-416(a). ATTEST: SOVEREIGN BANK,N.A. f/k/a SOVEREIGN BANK By: By: Hasan Pride Vincent Giglio, Asst.Vice President Senior Vice President Dated as of March 21, 2013 r � AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . . ss. COUNTY OF LANCASTER Roman A. Hess, being duly sworn according to law, deposes and says that he is a duly authorized representative of Noble Opportunity Fund I, L.P., Plaintiff herein; that he is authorized to execute this Affidavit on behalf of Plaintiff; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief, and that the documents attached as Exhibits to the Complaint are true and correct copies of the originals. Roman A. Hess,Asset Manager Sworn to and subscribd before me, 2014 this day of_e dKt'o Notar&jublic NOTARIAL SEAL TONYA L HAYNES Notary Public AKRON BOROUGH, LANCASTER COUNTY My Commission Expires Jan 28,2016 NOBLE OPPORTUNITY FUND I,L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. CONFESSION OF JUDGMENT MICHAEL A. SOLA Defendant NO. AFFIDAVIT OF COMMERCIAL TRANSACTION COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF LANCASTER Roman A. Hess, being duly sworn according to law, deposes and says that he is an authorized representative of the Plaintiff herein, and as such states that judgment is not being entered against a natural person in a consumer credit transaction. Roman A. Hess,Asset Manager Sworn toand subscribed before me this day of , 2014 Notary blic NOTARIAL SEAL TONYA L HAYNES AKRON 80ROUGH Notary COUNTY My Commission Expires Jan 28, 2016 I— lq.c�� NOBLE OPPORTUNITY FUND I,L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. CONFESSION OF JUDGMENT MICHAEL A. SOLA Defendant NO. 1q- AFFIDAVIT OF EARNINGS COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF LANCASTER Roman A. Hess, being duly sworn according to law, deposes and says that he is an authorized representative of the Plaintiff herein; that he is authorized to make this affidavit on behalf of Plaintiff, and that to the best of his knowledge, information and belief, the income of the Defendant, Michael A. Sola, is in excess of$10,000.00 per year. Roman A. Hess,Asset Manager Sworn to and subscribed before me this day ofs , 2014 Jr1 No(4y Public NOTARIAL SEAL TONYA L HAYNES Notary Public AKRON BOROUGH, LANCASTER COUNTY k My Commission Expires Jan 28,2016 12v 14co q NOBLE OPPORTUNITY FUND I,L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. CONFESSION OF JUDGME MICHAEL A. SOLA Defendant NO. `� `7 JI r _ f ) 2�12' ele'7 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA . . ss. COUNTY OF LANCASTER Roman A. Hess, being duly sworn according to law, deposes and says that he is an authorized representative of the Plaintiff herein, and as such states the following: 1. The Defendant, Michael A. Sola, is not in the military or naval service of the United States or its allies, or otherwise within the provisions of the Servicemembers Civil Relief Act (50 App. U.S.C. §501 et. seq.). 2. The Defendant, Michael A. Sola, is more than twenty-one (2 1) years of age and has a last known address of 1806 Pine Street, Camp Hill, Pennsylvania 17011. 3. He makes this affidavit with due authority based upon personal investigation. Roman A. Hess, Asset Manager Sworn tond subscribed before me this V�day of 92014 J"'� k ( 1�00 Notal ublic NOTARIAL SEAL TONYA L HAYNES Notary Public AKRON BOROUGH, LANCASTER COUNTY My Commission Expires Jan 28,2016 izD(Zf HARTMAN SHURR ! j F, j L Attorneys for Plaintiff Jt'C� Elba N.Serrano-Torres,Esquire Attorney I.D.#317394 J 1100 Berkshire Blvd., Suite 301 . 2« P.O.Box 5828 1r UJ JBE RL A , Co�� Wyomissing,PA 19610 LV f 610-779-0772 S YL', PIA T NOBLE OPPORTUNITY FUND I, L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW vs. CONFESSION OF JUDGMElYT MICHAEL A. SOLAiq"7(7z'� � nlU`Defendant NO. NOTICE UNDER 42 Pa. C.S.A. §2737.1 INSTRUCTIONS REGARDING THE PROCEDURE TO FOLLOW TO STRIKE THE JUDGMENT To: Michael A. Sola 1806 Pine Street Camp Hill, PA 17011 Pursuant to 42 Pa. C.S.A. §2737.1, the following instructions regarding the procedure to follow to strike the judgment in this matter are hereby provided: 1. The procedure to follow to strike a judgment by confession is set forth in Pa. R.C.P. 2959, which provides as follows: (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process of rights of notice and hearing was not voluntary, intelligent any knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty (30) days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition y not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition, the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show .cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved. while the proceedings to strike off or open the judgment are pending. ; 2. Under 42 Pa. C.S.A. §2737.1, you are entitled to costs and reasonable attorney fees as determined by the court if you are incorrectly identified and had judgment entered against you. - HARTMAN SH RR ,,. By: Elba N. Serrano-Torres, Esquire 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA 19610 (610) 779-0772 Attorneys for Plaintiff HARTMAN SHURR Attorneys for Plaintiff Elba N.Serrano-Torres,Esquire Attorney I.D.#317394 1100 Berkshire Blvd.,Suite 301 P.O.Box 5828 Wyomissing,PA 19610 610-779-0772 NOBLE OPPORTUNITY FUND I, L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION—LAW VS. CONFESSION OF JUDGMENT MICHAEL A. SOLA c) Defendant NO. Rm � 3 c CERTIFICATION OF ADDRESSES COMMONWEALTH OF PENNSYLVANIA t ss. COUNTY OF BERKS Elba N. Serrano-Torres, Esquire, being duly sworn according to law, deposes and says that to the best of her knowledge, information and belief, the.addresses of the judgment creditor and the judgment debtor in the above-captioned case are as follows: Plaintiff: Defendant: Noble Opportunity Fund I, L.P. Michael A. Sola 100 South 7t' Street 1806 Pine Street Akron, PA 17501 Camp Hill, PA 17011 HARTMAN S URR By: Elba N. Serrano-Torres, Esquire Attorneys for Plaintiff S orn t nd subscribed before me t ' _� day ofNL 2014 Notary Public COMMOWMALTH OF PMNsnw►Nrw NOTARIAL SEAL JANICE M.KRALLIS,Notary Public Wyom'�mg Borough,Berks County My Commission Expires June 19,2018 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Date: July 52014 To: Michael A. Sola 1806 Pine Street Camp Hill, PA 17011 Re: Noble Opportunity Fund I, L.P vs. Michael A. Sola Dear Mr. Sola: Noble Opportunity Fund 1, L.P., on this date has entered judgment by confession against Michael A. Sola in the Court of Common Pleas of Cumberland County, Pennsylvania in the total amount of $36,125.46, together with interest from July 8, 2014 forward at the rate of 3.75% per annum (currently $3.31 per diem), late charges, attorneys' fees, and collection costs. This judgment was entered to No. , Cumberland County Court of Common Pleas. Enclosed please find true and correct copies of the following documents filed in the subject action: 1. Civil Cover Sheet; 2. Confession of Judgment; 3. Complaint in Confession of Judgment; 4. Affidavit of Commercial Transaction; 5. Affidavit of Earnings; 6. Affidavit of Non-Military Service; 7. Notice Under 42 PA.C.S. § 2737.1; and 8. Certification of Addresses. Office of the Prothonotary Cumberland County Court of Common Pleas By: Deputy Prothonotary If you have any questions concerning this notice, please call: Elba N. Serrano-Torres, Esquire HARTMAN SHURR 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA 19610 Telephone number: 610-779-0772 HARTMAN SHURR Elba N. Serrano -Torres, Esquire Attorney I.D. #317394 1100 Berkshire Blvd., Suite 301 P. 0. Box 5828 Wyomissing, PA 19610 610-779-0772 FJKOTH TAR ?OA AUL; 27 PH 1:02 CUMBERLAND• COUNT;' PENNSYLVANIA NOBLE OPPORTUNITY FUND I, L.P., assignee of Sovereign Bank Plaintiff vs. MICHAEL A. SOLA Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA •CIVIL ACTION — LAW • • • • • CONFESSION OF JUDGMENT Defendant .• NO. 14-4232 PROOF OF SERVICE To: Prothonotary of Cumberland County I, Elba N. Serrano -Torres, Esquire, attorney for the Plaintiff in the above -captioned proceeding, hereby certify that the Notice Under Rule 2958.1 of Judgment and Execution Thereon — Notice of Defendant's Rights (hereinafter "Notice") was served upon the Defendant, Michael A. Sola, on August 23, 2014 via U.S. Certified Mail — Restricted Delivery — Return Receipt Requested, at 1806 Pine Street, Camp Hill, Pennsylvania 17011. A copy of the Notice is attached hereto and incorporated herein as Exhibit "A". True and correct copies of the U.S. Confirmation Services Receipt, (original) signed Domestic Return Receipt Card (PS Form 3811), U.S. Post Office Track and Confirm printout, and accompanying cover letter to the Defendant are attached hereto and incorporated herein as Exhibit "B." I verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief and that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. HARTMAN SHURR By: 44, Elba N. Serrano -Torres, Esquire 1100 Berkshire Boulevard P.O. Box 5828 Wyomissing, PA 19610 610-779-0772 Attorneys for Plaintiff EXHIBIT "A" %HARTMAN SHURR Elba N. Serrano-Torres, Esquire Attorney I.D. #317394 1100 Berkshire Blvd., Suite 301 P. 0. Box 5828 Wyomissing, PA 19610 610-779-0772 Attorneys for Plaintiff NOBLE OPPORTUNITY FUND I, L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW vs. CONFESSION OF JUDGMENT Defendant : NO. 14-4232 NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANT'S RIGHTS MICHAEL A. SOLA To: Michael A. Sola 1806 Pine Street Camp Hill, Pennsylvania 17011 A judgment in the amount of $36,125.46, together with interest from July 8, 2014 forward at the rate of 3.75% per annum ($3.31 per diem), attorneys' fees, late charges, and collection costs has been entered against Michael A. Sola, and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 HARTMAN SHURR By: Elba N. Serrano -Torres, Esquire Attorneys for Plaintiff EXHIBIT "B." Package ID 9171082133393964193271 Destination ZIP Code: 1 7 01 1 Recipient: Address: SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Michael A. Sola 1806 Pine Street Camp Hill, PA 17011 E -CERTIFIED 1ST CLASS LETTER PBP Account #: 25745043 Serial #: 4472831 AUG 15 14 12:27P COMPLETE THIS SECTION ON DELIVERY A. Signature X / .l B. nived by (Printed ame +Ark Py e of Delivery 1Q.: : 211a D. Is delivery address different from ite If YES, enter delivery address below: 3. ice Type Certified Mail® 0 Priority Mail Express'" Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery �r 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (Transfer from service labe, '91 7108 2133 3939 6419 3271 PS Form 3811, July 2013 Domestic Return Receipt 8/26/2014 USPS.com - USPS Tracking TN English Customer Service USPS Mobile LISP.S.COM. . Quick Tools Ship a Package USPS Tracking TM Tracking Number: 9171082133393964193271 Expected Delivery Day: Saturday, August 16, 2014 Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mailtm Send Mail DATE& TIME STATUS OF ITEM LOCATION August 23, 2014 , 1:51 pm Delivered CAMP HILL, PA 17011 Manage Your Mail Your Item was delivered at 1:51 prn on August 23,2014 in CAMP HILL. PA 17011. August 16, 2014 , 12:00 pm August 16, 2014 , 5:10 am August 15, 2014 , 10:01 pm August 15, 2014 , 8:46 pm August 15, 2014 Notice Left (No Authorized Recipient Available) Departed USPS Facility Arrived at USPS Origin Facility Accepted at USPS Origin Sort Facility Pre -Shipment Info Sent to USPS Track Another Package What's your tracking (or receipt) number? CAMP HILL, PA 17011 HARRISBURG, PA 17107 HARRISBURG, PA 17107 READING, PA 19610 LEGAL Privacy Policy > Terms of Use > FOIA > No FEAR Act EEC Data > ON USPS.COM Government Services > Buy Stamps & Shop > Print a Label with Postage > Customer Service > Delivering Solutions to the Last Nile, Site Index > INUSPS.00hr I CO pyrehi 014. USFs. Afi Rtt Resorve., Track It ON ABOUT.USPS.COM About USPS Home > New sroom USPS Service Alerts > Forms & Publications ) Careers ) Register / Sign In Search USPS.com or Track Packages Shop Business Solutions Customer Service ) Have questions? We're here to help. Available Actions Text Updates ^ - • , n- " , Email Updates Updates httos://tools.usos.cornia off rackConfirroAction.action7tR ef=ful loan e&tLc= l&text28777= &tLabel s=91 710821 333939641 93271 OTHER USPS SITES Business Customer Gateway, Postal Inspectors > Inspector General > Postal Explorer > National Postal Museum, 1/1 HARTMAN SHURR VIA CERTIFIED MAIL -- R.R.R. -- RESTRICTED DELIVERY Michael A. Sola 1806 Pine Street Camp Hill, PA 170.11 Elba N. Serrano -Torres, Esquire Direct Extension: x3028 Email: eserrano-torres@HartmanShurr.com August 15, 2014 Re: Noble Opportunity Fund I, L.P., assignee of Sovereign Bank vs. Michael A. Sola Docket No. 14-4232 Dear Mr. Sola: Enclosed, for service upon you, please find the Notice Under Rule 2958.1 of Judgment and Execution Thereon — Notice of Defendant's Rights in the above -referenced matter. ENS:djg Enclosure Sincerely, Elba N. Serrano -Torres INNOVATIVE ATTORNEYS. TRADITIONAL VALUES. 1100 Berkshire Blvd. I Suite 301 I PO Box 5828 I Wyomissing, PA 19610 I Phone 610-779-0772 I Fax 610-779-7473 I HartmanShurr.com HARTMAN SHURR VALERIANO Charles N. Shurr, Jr., Esquire Attorney I.D. #74813 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA 19610 (610) 779-0772 Attorneys for Plaintiff NOBLE OPPORTUNITY FUND I, L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff •CIVIL ACTION — LAW vs. MICHAEL A. SOLA • • • • CONFESSION OF JUDGMENT Defendant : NO. 14-4232 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as counsel on behalf of NOBLE OPPORTUNITY FUND I, L.P., assignee of Sovereign Bank, Plaintiff in the above -captioned proceeding. Papers may be served at the address set forth below: Charles N. Shurr, Jr., Esquire HARTMAN SHURR VALERIANO 1100 Berkshire Boulevard P.O. Box 5828 Wyomissing, PA 19610 HARTMAN SHURR VALERIANO By: d114 1(0." Charles N. Shurr, Jr., Esquire Identification No. 74813 1100 Berkshire Boulevard P.O. Box 5828 Wyomissing, PA 19610 610-779-0772 Attorneys for Plaintiff HARTMAN SHURR VALERIANO Charles N. Shurr, Jr., Esquire Attorney I.D. #74813 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA 19610 (610) 779-0772 Attorneys for Plaintiff 2: 30 oti. ,� t ou: NOBLE OPPORTUNITY FUND I, L.P., assignee of Sovereign Bank Plaintiff vs. MICHAEL A. SOLA Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • CIVIL ACTION — LAW • • • • • CONFESSION OF JUDGMENT : NO. 14-4232 PRAECIPE TO SATISFY JUDGMENT To: Prothonotary of Cumberland County Kindly satisfy the judgment entered against the Defendant in the above -captioned proceeding. HARTMAN SHURR VALERIANO By: Charles N. Shurr, Jr., Esquire 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA 19610 610-779-0772 Attorneys for Plaintiff HARTMAN SHURR VALERIANO Charles N. Shurr, Jr., Esquire Attorney I.D. #74813 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA 19610 (610) 779-0772 Attorneys for Plaintiff NOBLE OPPORTUNITY FUND I, L.P., : IN THE COURT OF COMMON PLEAS OF assignee of Sovereign Bank : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION — LAW vs. MICHAEL A. SOLA CONFESSION OF JUDGMENT Defendant : NO. 14-4232 CERTIFICATE OF SERVICE I, Charles N. Shurr, Jr., Esquire, do hereby certify that a true and correct copy of the foregoing Entry of Appearance and Praecipe to Satisfy Judgment was served upon the following individual, via U.S. Mail — First Class Delivery, on the / (ate /1 day of December, 2014: Michael A. Sola 1806 Pine Street Camp Hill, PA 17011 I verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief; and that this verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. HARTMAN SHURR VALERIANO By: 6b14 Charles N. Shurr, Jr., Esquire 1100 Berkshire Blvd., Suite 301 P.O. Box 5828 Wyomissing, PA 19610 610-779-0772 Attorneys for Plaintiff