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HomeMy WebLinkAbout14-5990 f - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i FARMERS AND MERCHANTS TRUST CIVIL DIVISION cam: COMPANY OF CHAMBERSBURG qtr Plaintiff NO.: _ r,_ - -;.r--n eya -a ,:. VS. a , STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFREY rn STRICKLAND, an individual, and MATTHEW G. . 71 3v 03 . 0 STRICKLAND, an individual, Defendant CONFESSION OF JUDGMENT Pursuant to the authority contained in the aforesaid $222,000 Note and the Guaranties thereof, the $240,000 Note and Guaranties thereof, the $173,750 Note and Guaranties thereof, and the $10,307.21 Note and the Guaranties thereof, copies of which are attached to the Complaint filed in this action, I appear for the Plaintiff and confess judgment in favor of Plaintiff and against Defendants as follows: COUNT I ($222,000 Note): Principal $ 207,512.60 Interest through 9/30/14 $ 3,587.51 Late Charges $ 211.74 Fee (Cumberland Co. Sat. Fee) $ 67.50 Attorney's Fees and Costs $ 21,110.01 (10%of Unpaid Principal & Accrued Interest) TOTAL $ 232,421.86 With interest on the principal sum of$207,512.60 from Septeber 30, 2014 at the contractual rate. tA/( ah(r 1� I COUNT II ($240,000 Note): Principal $ 240,000.00 Interest through 9/30/14 $ 3,800.72 Late Charges $ 123.03 Fee (Cumberland Co. Sat. Fee) $ 67.50 Attorney's Fees and Costs $ 24,380.07 (10% of Unpaid Principal &Accrued Interest) TOTAL $ 268,371.32 With interest on the principal sum of$240,000.00 from September 30, 2014 at the contractual rate. COUNT 111 ($173,750 Note): Principal $ 173,750.00 Interest through 9/10/14 $ 3,322.97 Late Charges $ 95.81 Fee (Cumberland Co. Sat. Fee) $ 67.50 Attorney's Fees and Costs $ 17,707.30 (10% of Unpaid Principal &Accrued Interest) TOTAL $ 194,943.58 With interest on the principal sum of$173,750.00 from September 30, 2014 at the contractual . rate. COUNT IV ($10,307.21 Note): Principal $ 10,307.21 Interest through 9/30/14 $ 137.86 Late Charges $ 3.48 Fee $ 67.50 Attorney's Fees and Costs $ 1,044.51 (10% of Unpaid Principal & Accrued Interest) TOTAL $ 11,493.06 With interest on the principal sum of$10,307.21 from September 30, 2014 at the contractual rate. FOR A TOTAL sum of$707,229.82 with interest on the principal sum($631,569.81) from September 30, 2014 at the contractual rate, and brings said instrument to Court to recover the said sum. DETHLEFS- Y O ROUP, LLC BY: Darrell Dethlefs, Esquire Attorneys for Plaintiff PA ID: 58805 2132 Market Street Camp Hill, PA 17011 717-975-9446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS & MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, NO. Plaintiff, n vs. TYPE OF PLEADINGy STRICKLAND BROTHERS CONSTRUCTION r -, LLC, a Pennsylvania Company, M. JEFFREY STRICLAND, an individual, and MATTHEW50 . G. STRICKLAND, an individual .c CIVIL ACTION—COMPLAINT IN Defendants CONFESSION OF JUDGMENT FILED ON BEHALF OF: Farmers & Merchants Trust Company of To:DEFENDANTS Chambersburg, Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY(20) DAYS FROM SERVICE HEREOF, OR A DEFAULT JU GEMENT MAY BE Darrell Dethlefs, Esquire: ENTERED AGAIN YOU. PA ID: 58805 Attorney for Plaint' I HEREBY CERTIFY THAT THE DETHLEFS-PYKOSH LAW GROUP, LLC ADDRESS OF THE PLAINTIFF IS: 20 South Main Street Chambersburg,PA 17201 AND THE DEFENDANTS: 2132 Market Street 690 Creek Road,Carlisle, PA 17013 Camp Hill, PA 17011 690 Creek Road,Carlisle,PA 17013 717-975-9446 11 Prickly Pear Driv Carlisle,PA 1 /3' Attorney for Plai&tff ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: VS. STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant COMPLAINT CIVIL ACTION—COMPLAINT IN CONFESSION OF JUDGMENT AND NOW comes, Farmers and Merchants Trust Company of Chambersburg, by its attorneys, Dethlefs-Pykosh Law Group, LLC, and files this Complaint in Confession of Judgment as follows: 1. Farmers and Merchants Trust Company of Chambersburg ("Plaintiff') is a financial institution under the laws of the United States of America, with its principal place of business located at 20 South Main Street, Chambersburg, Pennsylvania 17201. 2. The Defendant, Strickland Brothers Construction, LLC, is a Pennsylvania Company with principal place of business located at, 690 Creek Road, Carlisle, PA 17013. 3. The Defendant, M. Jeffrey Strickland, is an adult individual residing at 690 Creek Road, Carlisle, PA 17013. 4. The Defendant, Matthew G. Strickland, is an adult individual residing at 11 Prickly Pear Drive, Carlisle, PA 17013. COUNT I: Confession of Judgment of the $222,000.00 Note ("$222,000 Note") and Guaranties 5. On or about June 23, 2008, Strickland Brothers Construction, LLC, executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of$222,000.00 ("$222,000 Note"), which authorized a Confession of Judgment against Strickland Brothers Construction, LLC. A true and correct copy of said$222,000 Note with Confession of Judgment Disclosures is marked as EXHIBIT A, attached hereto and made a part hereof. 6. On or about June 23, 2008, Defendant, M. Jeffrey Strickland, executed and delivered to Plaintiff a Commercial Guaranty ("M. Jeffrey Strickland Guaranty I") irrevocably guarantying and becoming surety for all obligations of Strickland Brothers Construction, LLC, to Plaintiff under the $222,000 Note, which M. Jeffrey Strickland Guaranty 1 authorized a Confession of Judgment against M. Jeffrey Strickland.. A true and correct copy of the M. Jeffrey Strickland Guaranty 1 is marked as EXHIBIT B, attached hereto and made a part hereof. 7. On or about June 23, 2008, Defendant Matthew G. Strickland, executed and delivered to Plaintiff a Commercial Guaranty ("Matthew G. Strickland Guaranty I") irrevocably guarantying and becoming surety for all obligations of Strickland Brothers Construction, LLC,to Plaintiff under the $222,000 Note, which Matthew G. Strickland Guaranty 1 authorized a Confession of Judgment against Matthew G. Strickland. A true and correct copy of the Matthew G. Strickland Guaranty 1 is marked as EXHIBIT C, attached hereto and made a part hereof. 8. Neither the $222,000 Note, nor the guaranties,thereof,have been released, transferred, or assigned. 9. Judgment has not been entered against the Defendants on the $222,000 Note, or the guaranties, thereof, in any jurisdiction. 10. Defendant is in default under the aforesaid $222,000 Note and Guaranties, thereof, for failure to pay installments of principal and interest when due. 11. The transaction which authorizes a confession was not a consumer credit transaction. 12. The itemization of the amount due, including interest and attorney's fees as t authorized by the $222,000 Note as follows: Principal Due $ 207,512.60 Interest through 9/30/2014 $ 2,587.51 Late Charges $ 211.74 Fee (Cumberland Co. Sat. Fee) $ 67.50 Attorney's Fees and Costs $ 21,110.01 (10% of Unpaid Principal & Accrued Interest) TOTAL $ 232,421.86 With interest on the principal sum of$207,512.60 from September 30, 2014 at the contractual rate. WHEREFORE, Plaintiff, as authorized by the $222,000 Note and Guaranty, demands judgment in the amount of$232,421.86 with interest on the principal sum ($207,512.60) from September 30, 2014 at the contractual rate. COUNT IL• Confession in Judgment of the $240,000.00 Note (11$240,000 Note") and Guaranties 13. Plaintiff hereby incorporates by reference its averments in Paragraphs 1 through 12 as if set forth fully herein. 14. On or about April 24, 2013, Strickland Brothers Construction, LLC, executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of$240,000.00 ("$240,000 Note"), which authorized a Confession of Judgment against Strickland Brothers Construction, LLC. A true and correct copy of said $240,000 Note with Confession of Judgment Disclosures is marked as EXHIBIT D, attached hereto and made a part hereof. 15. On or about April 24, 2013, Defendant, M. Jeffrey Strickland, executed and delivered to Plaintiff a Commercial Guaranty ("M. Jeffrey Strickland Guaranty 2") irrevocably guarantying and becoming surety for all obligations of Strickland Brothers Construction, LLC,to Plaintiff under the $240,000 Note, which M. Jeffrey Strickland Guaranty 2 authorized a Confession of Judgment. A true and correct copy of the M. Jeffrey Strickland Guaranty 2 is marked as EXHIBIT E, attached hereto and made a part hereof. 16. On or about April 24, 2013, Defendant Matthew G. Strickland, executed and delivered to Plaintiff a Commercial Guaranty ("Matthew G. Strickland Guaranty 2") irrevocably guarantying and becoming surety for all obligation of Strickland Brothers Construction, LLC, to Plaintiff under the $240,000 Note, which Matthew G. Strickland Guaranty 2 authorized a Confession of Judgment. A true and correct copy of the Matthew G. Strickland Guaranty 2 is marked as EXHIBIT F, attached hereto and made a part hereof. 17.Neither the $240,000 Note, nor the guaranties, thereof, have been released, transferred, or assigned. 18. Judgment has not been entered against the Defendant on the $240,000 Note, or the guaranties,thereof, in any jurisdiction. 19. Defendant is in default under the aforesaid $240,000 Note and Guaranties, thereof, for failure to pay installments of principal and interest when due. 20. The transaction which authorizes a confession was not a consumer credit transaction. 21. The itemization of the amount due, including interest and attorney's fees as authorized by the $240,000 Note as follows: Principal Due $ 240,000.00 Interest through 9/10/2014 $ 3,800.72 Late Charges $ 123.02 Fee (Cumberland Co. Sat. Fee) $ 67.50 Attorney's Fees and Costs $ 24.380.07 (10% of Unpaid Principal & Accrued Interest) TOTAL $ 268,371.32 With interest on the principal sum of$240,000.00 from September 30, 2014 at the contractual rate. WHEREFORE, Plaintiff, as authorized by the $240,000 Note and Guaranties, demands judgment in the amount of$268,371.32 with interest on the principal sum ($240,000.00) from September 30, 2014 at the contractual rate. COUNT III: Confession in,Iudgment of the $173,750.00 Note ("$173,750 Note") and Guaranties 22. Plaintiff hereby incorporates by reference its averments in Paragraphs 1 through 21 as if set forth fully herein. 23. On or about July 31, 2013, Strickland Brothers Construction, LLC, executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of$173,750.00 ("$173,750 Note"), which authorized a Confession of Judgment against Strickland Brothers Construction, LLC. A true and correct copy of said $173,750 Note with Confession of Judgment Disclosures is marked as EXHIBIT G, attached hereto and made a part hereof. 24. On or about July 31, 2013, Defendant, M. Jeffrey Strickland, executed and delivered to Plaintiff a Commercial Guaranty ("M. Jeffrey Strickland Guaranty 3") irrevocably guarantying and becoming surety for all obligations of Strickland Brothers Construction, LLC, to Plaintiff under the $173,750 Note, which M. Jeffrey Strickland Guaranty 3 authorized a Confession of Judgment. A true and correct copy of the M. Jeffrey Strickland Guaranty 3 is marked as EXHIBIT H, attached hereto and made a part hereof. 25. On or about July 21, 2013, Defendant Matthew G. Strickland, executed and delivered to Plaintiff a Commercial Guaranty ("Matthew G. Strickland Guaranty 3") irrevocably guarantying and becoming surety for all obligations of Strickland Brothers Construction, LLC,to Plaintiff under the $173,750 Note, which Matthew G. Strickland Guaranty 3 is marked as EXHIBIT I, attached hereto and made a part hereof. 26.Neither the $173,750 Note, nor the guaranties,thereof, have been released, transferred, or assigned. 27. Judgment has not been entered against the Defendant on the $173,750 Note, or the guaranties,thereof, in any jurisdiction. 28. Defendant is in default under the aforesaid $173,750 Note and Guaranties, thereof, for failure to pay installments of principal and interest when due. 29. The transaction which authorizes a confession was not a consumer credit transaction. 30. The itemization of the amount due, including interest and attorney's fees as authorized by the $173,750 Note as follows: Principal Due $ 173,750.00 Interest through 9/30/2014 $ 3,322.97 Late Charges $ 95.81 Fee (Cumberland Co. Sat. Fee) $ 67.50 Attorney's Fees and Costs $ 17,707.30 (10%of Unpaid Principal &Accrued Interest) TOTAL $ 194,943.58 With interest on the principal sum of$173,750.00 from September 30, 2014 at the contractual rate. WHEREFORE, Plaintiff, as authorized by the $173,750 Note and Guaranties, demands judgment in the amount of$194,943.58 with interest on the principal sum ($173,750.00) from September 30, 2014 at the contractual rate. COUNT IV: Confession in Judgment of the $10,307.21 Note ("$10,307.21 Note") and Guaranties 31. Plaintiff hereby incorporates by reference its averments in Paragraphs 1 through 30 as if set forth fully herein. 32. On or about May 15, 2014, Strickland Brothers Construction, LLC, executed and delivered a certain Promissory Note in favor of Plaintiff in the original principal amount of$10,307.21 ("$10,307.21 Note"), which authorized a Confession of Judgment against Strickland Brothers Construction, LLC. A true and correct copy of said Note with Confession of Judgment Disclosures is marked as EXHIBIT J, attached hereto and made a part hereof. 33. On or about May 15, 2014, Defendant, M. Jeffrey Strickland, executed and delivered to Plaintiff a Commercial Guaranty("M. Jeffrey Strickland Guaranty 4") irrevocably guarantying and becoming surety for all obligations of Strickland Brothers Construction, LLC,to Plaintiff under the $10,307.21 Note, which M. Jeffrey Strickland Guaranty 4 authorized a Confession of Judgment. A true and correct copy of the M. Jeffrey Strickland Guaranty 4 is marked as EXHIBIT K, attached hereto and made a part hereof. 34. On or about May 15, 2014, Defendant, Matthew G. Strickland, executed and delivered to Plaintiff a Commercial Guaranty ("Matthew G. Strickland Guaranty 4") irrevocably guarantying and becoming surety for all obligations of Strickland Brothers Construction, LLC,to Plaintiff under the $10,307.21 Note, which Matthew G. Strickland Guaranty 4 authorized a Confession of Judgment. A true and correct copy of the Matthew G. Strickland Guaranty 4 is marked as EXHIBIT L, attached hereto and made a part hereof. 35.Neither the $10,307.21 Note, nor the guaranties, thereof, have been released, transferred, or assigned. 36. Judgment has not been entered against the Defendant on the $10,307.21 Note, or the guaranties, thereof, in any jurisdiction. 37. Defendant is in default under the aforesaid $10,307.21 Note and Guaranties, thereof, for failure to pay installments of principal and interest when due. 38. The transaction which authorizes a confession was not a consumer credit transaction. 39. The itemization of the amount due, including interest and attorney's fees as authorized by the $10,307.21 Note as follows: Principal Due $ 10,307.21 Interest through 9/10/2014 $ 137.86 Late Charges $ 3.48 Fee (Cumberland Co. Sat. Fee) $ 67.50 Attorney's Fees and Costs $ 1,044.51 (10% of Unpaid.Principal &Accrued Interest) TOTAL $ 11,493.06 With interest on the principal sum of$10,307.21 from September 30, 2014 at the contractual rate. WHEREFORE, Plaintiff, as authorized by the $10,307.21 Note and Guaranty, demands judgment in the amount of$11,493.06 with interest on the principal sum ($10,307.21) from September 30, 2014 at the contractual rate. WHEREFORE, Plaintiff as authorized by the $222,000 Note, and guaranties thereof, the $240,000 Note, and guaranties thereof,the $173,750 Note, and guaranties thereof, and the $10,307.21 Note and the guaranties thereof, and demands judgment in its favor an against Defendants in the total sum of$707,229.82 with interest on the principal sum($631,569.81) from September 30, 2014 at the contractual rate, and brings said instrument to Court to recover the said sum. DETHLEFS-PYKOS AW GROUP, LLC BY: Darrell D h efs, Esquire Attorney for Plaintiff PA ID: 58805 2132 Market Street Camp Hill, PA 17011 717-975-9446 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBI A PROMISSORY NOTE _. a: a rp r1GIP� Lean t?at@ a Maft}rJiY � p&R WIN $pi} ?s k ACUl1�1 a >ti �eG }ni�tBis�: .k e r .1;FYy i tl <F w f x, x4 N,xi-tic �� �� :: $`2: y06i2,tdOS .,06;=230 $,,..0 ..x0 2008-.... .- •S' References in the;boxes above ae for Lender's use only and do not limit the applicability of this documen,,,Lp any particular loan or Item. Any,tern above containing"• •"has been omitted due to text length Ilmitatio s. Borrower: Strickland Brothers Construction.LLC Lender: Farmers and Merchants Trust Co.of Chambersburg 623 Creek Road Commercial Services Department Carlisle,PA 17013 20 South Main Street P.O.Box 6010 Chambersburg,PA 17201-6010 (717)264-6116 7� Principal Amount: $222,000.00 Initial Rate: 5.500% Data of Note: June 23, 2008 Meturlty Date: September 20,2008 PROMISE TO PAY. Strickland Brothers Construction,LLC I"Borrower")promises to pay to Farmers and Merchants Trust Co.of Chambersburg ("Lender"),or order;in lawful money of the United States of America,the principal amount of Two Hundred Twenty-two Thousand&00/100 Dollars($222,000.00),together with interest on the unpaid principal balance from June 23,2008,until paid in full. PAYMENT. Borrower will pay this loan in full Immediately upon Lender's demand. If no demand Is made,Borrower will pay this loan In one principal payment of$222,000.00 plus Interest on September 20,2008. This payment due on September 20,2008,will be for all principal and all accrued interest not yet paid. In addition,Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment data,beginning Ju19420,2008,with all subsequent Interest payments to be due on the some day of each month after that. Unless otherwise agreed or required by applicable law,payments will be applied first to any unpaid collection costs;then to any late charges;then to any accrued unpaid Interest;and'khan to principal. The annual interest rate for this Note is computed on a 365/360 basis;that is,by applying the ratio of the annual interest rata over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is,outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. j. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes In an independent Index which is the New York Prime Rate as published In the Well Street Journal. When a range of rate has been published,the higher of the rates will be used(the"Index''). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute Index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request:. The interest rate change will not occur more often than each time there has been a change in the Index. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 5.000%per annum. The interest rate to be applied to the unpald principal balance during this Note will be at a rete of 0.500 percentage points over the Index,resulting in an initial rate of 5.500%per annum';,NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower.may pay without penalty all or a portion of the amount owed earlier then it Is due. Early payments will not,unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked paid In full", "without recourse",or similar language. If_l3orrower sends such a payment,Lender may accept it without losing any of Lender's rights under this Note,and Borrower will remain obl)gate.�,to pay any further amount owed to Lender. All written communications concerning disputed amounts,including any check or other payment instrument that indicates that the payment constitutes"payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of Chambersburg,P.0 Box 6010 Chambersburg,PA 17201-6010. LATE CHARGE. Ifi a payment is 16 days or more late, Borrower will be charged 6.000% of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity,the Interest rate on this Note shall be Increased by adding a 2.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding Interest rate change that would have applied had there been no default. if judgment is entered in connection with this Note,interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. However,in no event will the Interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of:the fallowing shall constitute an event of default("Event of Default")under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term,obligation,covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lende'r and Borrower. Default in Favoi of Third Parties. Borrower or any Grantor defaults under any loan,extension of credit,security agreement, purchase or sales agreemertj,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statemeriis. Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading agony time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower,or any other termination of Borrower's existence as a going business or the death of any member,the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property,any assignment for the benefit of creditors,any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession ooany other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes afgernishment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shell not apply if thele is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monles or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender,in Its sole discretion, as being an adequate reserve or bond'for the dispute. r� Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies.or becomes incompetent,or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death,Lender,at its option,may,but shall not be required to,permit the Guarantor's estate to assume unconditionally the obligations arising under the guaranty In a manner satisfactory to Lender,and,in doing so,cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of`this Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions:' If any default,other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve (12) months, it may be cured if Borrower, atter receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen(151 days;or (2) if the cure requires more than fifteen(151 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS.="Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount. ATTORNEYS' FEES;'rEXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount.?This includes,subject to any limits under applicable law,Lender's reasonable attorneys'fees and Lender's legal expenses, whether or not there`is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or PROMISSORY NOTE (Continued) PPage 2 vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition to all other sums provided by low. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW, This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of few provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit,Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, Commonwealth of Pennsylvania. i DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law,Lender reserves a right of setoff in all Borrower's sccounts'with Lender(whether checking,savings,or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes Lender,to the extent permitted by applicable low,to charge or setoff all sums owing on the indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth In the Mortgage and in the Agreement to Provide Insurance,all the terms and conditions of which are hereby Incorporated and made a part of this Note. r;. ANNUAL FINANCIAL STATEMENT COVENANT.Borrower shall provide Lender with annual financial information(including,but not limited to,a balance sheet,income statement and federal income tax return and all supporting schedules thereto) within 90 days of Borrower's fiscal year end. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall Inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower,end any other person who signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment, and notice of dishonor. Upon any change in the terms of this Note,and unless otherwise expressly stated In writing,no party who signs this Note,whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time)this loan or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral;and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and several. If any portion of this Note is for any reason determined to be unenforceable,it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST,LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS OF SUIT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: STRICKLAND I 11:11 1HE 710 C BY:A A - _'_.'.,; Seal) By:: -. ... tseall atthew G. 'Strickland, Member of Strickland M APKY 4Strickland, Member of Strickland Brothers Construction,LLC Brothers. onstruction,LLC LENDER: FARMERS AND MERCHANT UST CO.OF CH AMBERSBURG X XA- rian E.Weikert,Vice President. DISCL 3, 'E FOR CONFESSION OF J. .,3MENT AIIhcIpal : Goa►rDsf�. aVtalUrity N^{aa�No: ``front Fol` �coU�nt Dficel iniitajs o zoo References in the boxes above are for Lender's use only end do not limit the applicability of this document to any particular loan or item,� Any item above containing"•••"has been omitted due to text length limitations. Declarant: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Co.of Chambersburg 623 Creek Road Commercial Services Department Carlisle,PA 17013 20 South Main Street P.0,Box 6010 Chambersburg,PA 17201-6010 (717)264-6116 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS r01"— DAY OF ju A4 2008 , A PROMISSORY NOTE FOR$222,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND-,WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT,IS KNOWINGLY,INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT GAI ST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. THE UND RSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING,THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE 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 DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT,THE UNDERSIGNED,ON BEHALF OF THE DECLARANT,IS KNOWINGLY,INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,AND THE+U DERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER P ITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS; ; "4 a C. AFTER H VING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT�APPLIES,THE UNDERSIGNED REPRESENTS THAT: INITIALS n 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE: 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO DECLARANT'S ATTENTION. DISCLOSURE FOR CONFESSION OF JUDGMENT (Continued) Page 2 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: STRjI�C��K/LAND Sli CO{ T CTI ,LLC BY//� ISesll Matthew G. Strickla d, Member of Strickland Brothers ons LLC By: (Seal) rey StricliTand, Member of Strickland Brothers Construction,LLC n— rA ow�m.-n.urrvn�oxirc m.u�a rn-xi DISCL ;,. 'E FOR CONFESSION OF J JIMENT Pxlncipal ,..� `Loan DI)f� M�tuklt x� Loan No '�{ z a ti,,;, ,, � 1� , ti rr�a�l.�t;ou{ AeCbu1�1Y Officer Iltffigis ' References in[he boxes above are for Lender's use only end do not Itmi[the applicability of this document to any particular loan or item. Any item above containing"•••"has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Co.of Chambersburg 623 Creek Road Commercial Services Department Carlisle,PA 17013 20 South Mein Street P.O.Box 6010 Chambersburg,PA 17201-6010 (717)264-6116 Declarant: Matthew G.Strickland 11 Prickly Pear Drive Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 I AM EXECUTING, THIS .c�3 DAY OF .-/,,nom 200 0, A GUARANTY OF A PROMISSORY NOTE FOR $222,000.00 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 EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTE c JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS• t)`"v�`"��' B. I FURTHER UNpERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY,INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN AN.1: .ANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: r C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,I REPRESENT THAT: INITIALS ., 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A'13EPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT;AND THAT 1 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: (Seal) 'Matthew G.Strickland l"]!•MOlmeno.V,,.i])00.00]C,p wnwa f..rlwfei.IW,n).n]).)001 u•lyil,lrx..e )•O:v"r,u..•o•etC)Iuh10]OFO)•I],Y •)] 1 DISCL,_3,,_ .E FOR CONFESSION OF 1 .3MENT P int i ai`' b 1r DaE*n N �i �r Yµry fn :,!m I—N0�t t c 4 ii,it Gol " ACstjyrFY Of�1CgY lnlfi6ls`. References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or Item. Any Item above containing"•••'has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Formers and Merchants Trust Co.of Chambersburg 623 Creek Road Commercial Services Department Carlisle,PA 17013 P 20 South Main Street P.0.Box 6010 Chambersburg,PA 17201-6010 Declarant: M.Jaffrey Strickland (717)264-6116 623 Creek Road Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT t I AM EXECUTING, THIS — _ DAY OF v ';,N 20 A GUARANTY OF A PROMISSORY NOTE FOR $222.000.00 OBLIGATING ME TO REPAY THAT AMOUNT. A. i UNDERSTANDIHAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S T 'ING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: 8. 1 FURTHER UNQERSTAND 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 JUDGMEN Y.MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THATvAPPLIES,I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT;AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. 't. THIS DISCLOSURE';IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: X.,. ISoel) M.Jeffs tr ck and use•nw s.,,e..s.v«.a.a>.m roe e.•,.u.r..a rw«.r a.ea......ren.>aoa ...a•.,•...,..e. ..,o.rw...,..«,.Kmvuwore:•,au.kra EXHIBIT B OMMERCIAL GUARANT P filCtijjBl `�p8tl Ia$f8 iV{atU�i w- Cpan Np CO Coli `< {�Zt QUt1t C)fj<Get 111111818 References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any Item above containing"•••"has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Co.of Chambersburg 623 Creek Road Commercial Services Department Carlisle,PA 17013 20 South Main StiAt P.0.Box 6010 Chambersburg,PA 17201-6010 (717)264-6116 Guarantor: M.Jeffrey Strickland 623 Crook Road Carlisle,PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection,so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order,on demand,In legal tender of the United States of America,in same-day funds,without set-off or deduction or countetrclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability.)s unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word"Indebtedness"as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times;accrued unpaid interest thereon and all collection costs and legsl expenses related thereto permitted by law, reasonable attorneys' fees, arising from any and all debts,liabilities and obligations of every nature or form,now existing or hereafter arising or acquired, that Borrower indivijfually or collectively or interchangeably with others,owes or will owe Lender. "Indebtedness"includes,without limitation, loans, advances, debts, overdraft Indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements,other obligations,and liabilities of Borrower,and any present or future judgments against Borrower,future advances,loans or transactions that renew,extend,modify,refinance, consolidate or substitute these debts, liabilities and obligations whether:voluntarily or involuntarily incurred; due or to become due by their terms or acceleration;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or indirect;primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason(such as infancy,insanity,ultra vires or otherwise); and originated then reduced or extinguished and then afterwards Increased or reinstated. If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative, This Guaranty shall not(unless specifically provided below to the contrary)affect or Invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed ln�fuli. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must bel-Mailed to Lender,by certified mail,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation f this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation Is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined 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.'r'This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or Incapacity,regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative-imay terminate this Guaranty In the same manner In which Guarantor might have terminated it and with the some effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions In the amount of the Indebtedness,even to zero dollars($0.00). shall not constitute a termination of this•"Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs,successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00). GUARANTOR'S A6THORIZATION TO LENDER. Guarantor authorizes Lender,either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to altar,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of'(the Indebtedness or any part of the Indebtedness, Including increases and decreases of the rate of interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue,or deal with any one or more of Borrower's sureties, endorsers, or other r guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof,Including without limitation,any nonjudiclal sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in Its discretion may determine; (G). to sell,transfer, assign or grant participations in all or any part of the Indebtedness; and IH) to assign or transfer this Guaranty In whole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that IA) no representations or agreements of any�klnd have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; IB) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty; (D) the provisions'of this Guaranty do not conflict with or result in a default under any agreement or other Instrument binding upon Guarantor and do not result iri'a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets,.or any Interest therein; (F) upon Lender's request,Guarantor will provide to Lender financial and credit information in form acceptable to Lender,and all such financial information which currently has been,and all future financial Information which will be provided to Lender Is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial Information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H)in no litigation,claim,ivestigation,administrative proceeding or similar action(Including those for unpaid taxes) against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and (J) Guarantor has established adequate means of".obtalning from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts,events,or circumstances which might in any way affect Guarantor's risks under this Guaranty,and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of Its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment,protest,demand,or notice of any kind,including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part of Borrower, Lender, any surety,"endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional COMMERCIAL GUARANTY (Continued) Page 2 loans or obligations; (C) to resort for payment or to proceed directly or at once against any person,including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person; (E) to give notice of the terms,time,and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any act or omission of any kind,or at any time,with respect to any matter whatsoever. Guarantoralso waives any and all rights or defenses based on suretyship or Impairment of collateral including,but not limited to,any rights or defenses arising by reason of (A) any 'one action" or"anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting,qualifying, or discharging the Indebtedness; (C) any disability;or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than payment In full In legal tender,of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; IE) any statute of limitations,if at any time any action or suit brought by Lender against Guarantor is commenced,there is outstanding Indebtedness which is not barred by any applicable statute of limitations;or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarily or otherwise,or by any third party,on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors,the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right maybe asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of Its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy,such waiver shall be effective only to the extent permitted by law or public policy. - SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created,shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever,to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy,by an assignment for the benefit of creditors,by voluntary liquidation,or otherwise,the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender-to the Indebtedness, Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee In bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lender full payment In legal tender of the Indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any d-4bts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees,and Lender is hereby authorized,In the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce Its rights under this Guaranty. r MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: ' Amendments. This Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless!given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including(Lender's reasonable attorneys' fees and Lender's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty,and Guarantor shall pay the costs and expenses of such enforcement.%(Costs and expenses include Lender's reasonable attorneys'fees and legal expenses whether or not there is a lawsuit,including reasonable attorneys'fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Choice of Venue. If there Is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County,Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty, Guarantor hereby Indemnifles and holds Lender harmless from all losses, claims,damages,and costs(including Lender's attorneys'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty In the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words "Borrower" and "Guarantor' respectively shall mean all and any one or more of them. The words"Guarantor,""Borrower,"and"Lender"include ilie heirs,successors, assigns, and transferees of each of them. If a court finds that any provision of this Guaranty Is not valid or should'not be enforced,that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even If a provision of this Guaranty may be found to be Invalid or unenforceable. If.any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies,or similar entities,it is not necessary fo into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or,ito inquire f o r rLender r to act on their behalf,and any indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under thin Guaranty. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing,and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by.telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shell be effective upon delivery to Lender as provided in the section of this Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice Is to change the party's address. For notice purposes,Guarantor agrees to keep Lender Informed at all times of Guarantor's current address. Unless otherwise provided by applicable law,if there is more than one Guarantor,any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. I.. No Waiver by Lender. Lender shell 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 waiver ofsy.ch right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dealing between Lender and Guarantor,shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to arty future transactions. Whenever the consent of Lender Is required under this Guaranty,the granting of such consent by Lender In any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives,successors,and assigns,and shall be enforceable by Lender and Its successors and assigns. .. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding,or countorcWrn brought by either Lender or Guarantor against the other. ANNUAL FINANCIAL STATEMENT COVENANT,Guarantor shall provide Lender with annual financial information(including,but not limited to,a COMMERCIAL GUARANTY (Continued) Page 3 personal financial statement and federal Income tax return and all supporting schedules thereto)within 120 days of year end. DEFINITIONS. The:following capitalized words and terms shall have the following meanings when used In this Guaranty. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined In this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word"Borrower'means Strickland Brothers Construction,LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word'Guarantor"means everyone signing this Guaranty,including without limitation M.Jeffrey Strickland, and in each case,any signer's successors and assigns. Guaranty. The word'Guaranty"means this guaranty from Guarantor to Lender. Indebtedness. The word"Indebtedness"means Borrower's indebtedness to Lender as more particularly described In this Guaranty. Lender. The word"Lender"means Farmers and Merchants Trust Co.of Chambersburg,its successors and assigns. Note. The word "Note" means and Includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations In favor of Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements,mortgages, deeds of trust, security deeds, collateral mortgages, and all other Instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. CONFESSION OF``JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR;AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND A'IJY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANt;E AND ACCRUED INTEREST FOR COLLECTION,BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM ;MIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION. EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS.GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY'. NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JUNE 23,2006. THIS GUARANTY IS'GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. ,a] GUARANTOR; X (Seo]) M.Jo t land � i[MOIKM. .f]>A000fip,.NNw4 r"r,4iM"M.,.M.rpl.1COI.u10,wr,ir.rA .I"O.Wrro,rw•K1NrtY]O.rC 1P.nrn,Flt Y. f EXHIBIT C ;OMMERCIAL GUARANT ° RuPr7ncipa7 , Goan Adie Matucit L e No'x S p.n t 01. t�sCpitz!Coo 4 Yt ACC04�1t r Off C9r. initl8($S References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or Item. Any Item above containing"•••"has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender; Farmers and Merchants Trust Co.of Chamborsburg 623 Creek Road Commercial Services Department Carlisle,PA 17013 20 South Mein Street P.O.Box 6010 Chambersburg,PA 17201-6010 (717)264.6116 Guarantor: Matthew G.Strickland 11 Prickly Poor Drive Carlisle,PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guaranteesfull and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or Its order,on demand,in legal tender of the United States of America,in same-day funds,without set-off or deduction or counterclaim, and will otherwise porform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word"Indebtedness"as used In this Guaranty means all of the principal amount outstanding from timo to time and at any one.or more times;accrued unpaid interest thereon and all collection coals and legal expenses related thereto permitted by law, reasonable attorneys' fees,arising from any and all debts,liabilities and obligations of every nature or form,now existing or hereafter arising or acquired, that Borrower indiyidually or collectively or interchangeably with others,owes or will owe Lender."Indebtedness"includes,without limitation, loans, advances, debts, overdraft indebtedness, credit card Indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements,other obligations,and liabilities of Borrower,and any'present or future judgments against Borrower,future advances,loans or transactions that renew,extend,modify,refinance, consolidate or substitute these debts, liabilities and obligations whether:voluntarily or Involuntarily Incurred; due or to become due by their terms or acceleration;absolute or contingent;liquidated or unliquldated;determined or undetermined;direct or indirect;primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason(such as infancy,insanity,ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently'holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative; This Guaranty shall not(unless specifically provided below to the contrary)affect or Invalidate any such other guaranties. Guarantor's liability•will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND?SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower,and will continue In full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in-;full. It Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be:mailed to Lender,by certified mail,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation,of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness' does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness' does not Include ell 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.f�This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or Incapacity,regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative!may terminate this Guaranty In the 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 Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. it is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions In the amount of the Indebtedness,even to zero dollars 1$0.001,shall not constitute a termination of this.vGuaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs,successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars IS0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: IA) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to'Borrower; (B) to alter,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of•:the Indebtedness or any part of the Indebtedness, Including Increases and decreases of the rate of interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue,or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof,including without limitation,any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust,as Lender In Its discretion may determine; (G) to sell, transfer, assign or grant participations in all or tiny pert of the Indebtedness;and IH) to assign or transfer this Guaranty In whole or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and-not at the request of Lender; (C) Guarantor has full power,right and authority to enter Into this Guaranty; 10) the provisions'of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result iria violation of any law,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 therein; R upon Lender's request,Guarantor will provide to Lender financial and credit information in form acceptable to lender,and all such financial information which currently has been,and all future financial information which will be provided to Lender is and will be true and correct In all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation,clalm;lInvestigation,administrative proceeding or similar action(Including those for unpaid taxes)against Guarantor Is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and (J) Guarantor has established adequate means of.'obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts,events,or circumstances which might in any way affect Guarantor's risks under this Guaranty,and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of Its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest,demand,or notice of any kind, including notice of any nonpayment of the;lndebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part of Borrower, Lender, any surety;`endorser,or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional COMMERCIAL GUARANTY (Continued) Page 2 loans or obligations; (C) to resort for payment or to proceed directly or at once against any person,Including Borrower orany other guarantor•, (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person; (E) to give notice of the terms,time,and place of any public or private sale of personal property security held by Lender from Borrower orto comply with any other applicable provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power;or IG) to commit any act or omission of any kind,or at any time,with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including,but not limited to,any rights or defenses arising by reason of (A) any"one action" or"anti-deficiency" law or any other law which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (8) any election of remedies by Lender which destroys or otherwise adversely effects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement,including without limitation,any loss of rights Guarantor may suffer by reason of any law limiting, qualifying,or discharging the Indebtedness; (C) any disability_or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the'basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations,if at any time any action or suit brought by Lender against Guarantor is commenced,there is outstanding Indebtedness which is not barred by any applicable statute of limitations;or IF) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is'made by Borrower, whether voluntarily or otherwise,or by any third party,on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver Is determined to be contrary to any applicable low or public policy„such waiver shall be effective only to the extent permitted by law or public policy. COLLATERAL. This Guaranty is secured by Real Estate located at 629 Creek Road,Carlisle,North Middleton Township,,,Cumberlsnd County, Pennsylvania. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created,shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower,upon any account whatsoever,to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy,by an assignment for the benefit of creditors,by voluntary liquidation,or otherwise,the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which It may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower;provided however,that such assignment shell be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees,and Lender is hereby authorized,In the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty, No alteration of or amendment to this Guaranty shall be effective unlesc�_given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including~,Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty,and Guarantor shall pay the costs and expenses of such enforcement. iCosts and expenses include Lender's reasonable attorneys'fees and legal expenses whether or not there Is a lawsuit,Including reasonable attorneys'fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. il Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the Jurisdiction of the courts of Franklin County,Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnffies and holds Lender harmless from all losses, claims,damages,and costs(including Lender's attorneys'fees)suffered or Incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. In all cases where there Is more than one Borrower or Guarantor,then all words used in this Guaranty,in the singular shall be deemed to have been used in the plural where the context and construction so require;and where there Is more than one Borrower named in this Guaranty or when this Guaranty is executed by more then one Guarantor, the words "Borrow,ei” and "Guarantor" respectively shall mean all and any one or more of them. The words"Guarantor,""Borrower,"and"Lender"include tha heirs,successors, assigns,and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. Ifiany one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies,or similar entities,It Is not necessary;for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting at,purporting to act on their behalf,and any indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginhing of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law,If there is more than one Guarantor,any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given In writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right'otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dealing between Lender and Guarantor,shall constitute a waiver or any of Lender's rights or df any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any instanceshallnot 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 Guarantor's heirs, personal representatives,successors,and assigns,and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial In any action, proceeding,or counterclaim brought by either COMMERCIAL GUARANTY (Continued) Page 3 Lender or Guarantor against the other. ANNUAL FINANCIAL STATEMENT COVENANT.Guarantor shall provide Lender with annual financial information lincluding,but not limited to,a personal financial statement and federal Income tax return and all supporting schedules thereto)within 120 days of year end. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word"Borrower"means Strickland Brothers Construction,LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word"Guarantor" means everyone signing this Guaranty,including without limitation Matthew G.Strickland,and in each case,any signer's successors and assigns. - Guaranty. The-word"Guaranty"means this guaranty from Guarantor to Lender. Indebtedness. The word"Indebtedness"means Borrower's indebtedness to Lender as more particularly described In this Guaranty. Lender. The word"Lender"means Farmers and Merchants Trust Co,of Chambersburg,its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender,together with all renewals of,extensions at,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related DocuT:ants. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements,mortgages,deeds of trust,security deeds, collateral mortgages, and all other Instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. CONFESSION OFVJUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE,TO APPEAR AT ANY TIME FOR GUARANTOR,'AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAIgST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND A.Y AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALAPICE AND ACCRUED INTEREST FOR COLLECTION,BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 18500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM;TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION,EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS'.GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY% NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JUNE 23,2008. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: } :>..... X.. . :. , (Seal) Metth w G.Strlckland it 4f}YAOIWNP VV.{.])AY.(Y1f Cror.)1"WY)i,�MYf"YY.,,M,lf!).A01 YYyM,M,"..I..r10N,nN.wmlCfM1inl[Ai<TII.1)I"r 114}] 1) .f IZ EXHIBITD PROMISSORY NOTE Priticip'al Lean Date Njafur( Loan No`. %ail 7 Cojl AoCticint officer lriitfals 1240,QO,Q 0� 04,Z4= 015 U4 L420741A;tO l 73.2; DPZ References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"•••"has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 623 Creek Road Chambersburg Carlisle,PA 17013 Commercial Services 20 South Main Street P.0.Box 6010 Chambefsburg,PA 17201 Principal Amount: $240,000.00 Date of Note: April 24, 2013 Maturity Date: April 24,2014 PROMISE TO PAY. Strickland Brothers Construction, LLC ("Borrower") promises to pay to Farmers and Merchants Trust Company of Chambersburg("Lender"),or order,in lawful money of the United States of America,the principal amount of Two Hundred Forty Thousand& 00/100 Dollars ($240,000.00)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 this loan in one payment of all outstanding principal plus all accrued unpaid interest on April 24, 2014. In addition,Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date,beginning May 25,2013,with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any escrow or reserve account payments as required under any mortgage, deed of trust, or other security instrument or security agreement securing this Note;then to any accrued unpaid interest as shown on the most recent statement or bill provided to Borrower(if no statement or bill has been provided for any reason,It shall be applied to the unpaid interest accrued since the last payment); then to principal;then to any late charges;and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. (o VARIABLE INTEREST RATE. The Interest rate on this Note is subject to change from time to time based on changes in an independent Index which Is the U.S.Prime Rate as quoted In the Money Rates section of the Wall Street Journal. When a range of rates are published,the higher of the rates will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan,Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each time there is a change in the Index. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 3.250%per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.500 percentage points over the Index,adjusted if necessary for any minimum and maximum rate limitations described below, resulting in an Initial rate of 4.500%per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this Note be less than 4.500%per annum or more than the maximum rate allowed by applicable law. INTEREST CALCULATION METHOD, Interest on this Note Is computed on a 365/360 basis;that is,by applying the ratio of the interest rate over a year of 360�days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. All Int!a est payable under this Note Is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default),except as otherwise required by law. Except for the foregoing,Borrowerrtmay pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not,unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments 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. IftBorrower sends such a payment,Lender may accept it without losing any of Lender's rights under this Note,and Borrower will remain obligated'to pay any further amount owed to Lender. All written communications concerning disputed amounts,including any check or other payment instrument that indicates that the payment constitutes"payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of Chambersburg,Commercial Services,20 South Main Street,P.0.Box 6010,Chambersburg,PA 17201. LATE CHARGE. If'ia payment is 16 days or more late, Borrower will be charged 6.000% of the unpaid portion of the regularly scheduled payment. p. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an additional..2.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered In connection with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment Is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default("Event of Default')under this Note: Payment Default. Borrower fails to make any payment when due under this Note. 1. Other Defaults, Borrower fails to comply with or to perform any other term,obligation,covenant or condition contained In this Nota or in any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan,extension of credit, security agreement, purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents Is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made), any member withdraws from Borrower, or any other termination of Borrower's existence as a going business or the death of any member, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property,any assignment for the benefit of creditors,any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes a-garnishment of any of Borrower's accounts, including deposit accounts,with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. 'i Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies-or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance ofRhis Note is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default,other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provislon;of this Note within the preceding twelve 112) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen(15)days;or (2) if the cure requires more than fifteen(15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and.completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS-. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount. PROMISSORY NOTE (Continued) Page 2 ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This Includes,subject to any limits under applicable law,Lender's reasonable attorneys'fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings lincluding efforts to modify or vacate any automatic stay or injunction),and appeals. If not prohibited by applicable few,Borrower also will pay any court costs,in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW.-This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal low,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of low provisions.' This Note has been accepted by Lender in the Commonwealth of-Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County, Commonwealth of'Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 it Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable few,Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking,savings,'or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in tliis paragraph. PROPERTY INSURANCE. Borrower understands that Borrower is required to obtain insurance for the collateral securing this Note. Further information concerjiing this requirement is set forth in the Mortgage and In the Agreement to Provide Insurance,all the terms and conditions of which are hereby incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal hes been advanced,Borrower is not entitled to further loan advi;;nces. The following person or persons are authorized to request advances and authorize payments under the line of credit until Lender receiv.qs from Borrower,at Lender's address shown above,written notice of revocation of such authority: Matthew G.Strickland, Member of Strlcklejid Brothers Construction,LLC;and M.Jeffrey Strickland,Member of Strickland Brothers Construction,LLC. Borrower agrees to be liable for all sums either: IA) advanced in accordance with the instructions of an authorized person or IB) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at env time may be evidenced by endorsements on this Note or by Lender's internal rdbords,including daily computer print-outs. n. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and a4igns,and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of itee rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the eittent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing,no party who signs this Note,whether as maker,guarantor,accommodation maker or endorser,shall ba:released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time) this loan or release any party or guarantor or collateral;or impair,fail to realize upon or perfect Lender's security interest in the collateral;and take any other action dgemed necessary by Lender without the consent of or notice toanyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification Is made. The obligations under this Note are joint and seveiel. If any portion of this Note is for any reason determined to be unenforceable,it will not affect the enforceability of any other provisions of chis Note. CONFESSION OF;'JUDGMENT, BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST,LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS OF SUIT,AND AN;;ATTORNEY'S COMMISSION OF TEN PERCENT(10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUVIN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONyNECTION 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 BYI:INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE,INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: STRICKLAND R YHE CO TRUC,TI�O�iN.LLC Bv. Z1��.�c� (Seal By: (Seal) Matthaw G. "Strickland, Member of Strickland M. J Strickland, mbor of Strickland Brothers Construction,LLC Broth a Construction,LLC r sr o ra x. oow c.o,.x�r,.n,.,,.e s,..r....w rnr.wr. u.p,.•........ .....y wncmu.wrorc,..,rr>e n.ro i'' DISCLOSURE FOR CONFESSION OF JUDGMENT prlticipal '�` oan pate Maturity Loan No P:$244sQ0.0 0,0.. 04, 4 2Q.1.3t1Q.2p14: Can f Cai Accoiint' Off.Icer In ,as;. 1x�ior tz op References in the boxes above are for Lender's use only and do not limit the appkcability of this document to any perticutar loan or Item Any item above containing" has been omitted due to text length limitations. Declarant: Strickland Brothers Construction,LLC Lender: 623 Creek Road Farmers and Merchants Trust Company of Carlisle,PA 17013 Chambersburg Commercial Services 20 South Main Street P.O.Box 6010 Chambersburg,PA 17201 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS PC/I DAY OFI(' 13 PROMISSORY NOTE FOR$240,000.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. 20 A A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE. WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT,IS KNOWINGLY,INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOT�CE OF THE ENTRY OF JUDGMENT,AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGAINST DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. THE UNDERSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING,THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE 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 DECLARANT'S PROPERTY. IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT,THE UNDERSIGNED, ON BEHALF OF THE DECLARANT,IS KNOWINGLY,INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND'fHE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS:Aq,2" C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,THE UNDERSIGNED REPRESENTS THAT: 0. INITIALS 1;" DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO De6LARANT'S ATTENTION. DISCLOSURE FOR CONFESSION OF JUDGMENT (Continued) Page 2 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: STRICKLAND BROT ERS C NSTRUCTION,LLC 4 z ? B�' _lSeal) Matt ew G. Strickland, Memb of Strickland Brothers Cons cti ,LLC By: M. Jeffre rick nd, Member of Strickland Brothers Construction,LLC UfER MD lx.dw0.v�,1)EIDDn]C,a,MrbnCEi...N Nlulw,,M.tff).An. RR Renu Rr.r..r rR t,l orMMvl1D]pK 1R.i5]M TID P.I DISCLOSURE FOR CONFESSION OF JUDGMENT Principal Loan Date Nf atur ty,:: 1 dan Nn: cart t cdl ACcaurit: ;SZ40.QU.Q 00,.; Oji 24.,x.073 Q4 24 Officer Inetit4ls BUJ E� taa,o t t3 _: References In the boxes above are for Lender's use only and do not limit the applicability of this document to an QPz.. Any item above containing'• has been omitted due to text length limitations. y particular loan or item. Borrower: Strickland Brothers Construction,LLC Lender: 623 Creak Road Farmers and Merchants Trust Company of Carlisle.PA 17013 Chambersburg Commercial Services 20 South Main Street P.0.Box 6010 Declarant: M.Jeffrey Strickland Chambersburg,PA 17201 623 Creek Road Carlisle,PA 17013 �JLG DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING,THIS DAY OF-... jot' ,zo�,A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND:THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: •::�; �..a` B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT,I AM KNOWINGLY,INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,I REPRESENT THAT: INITIALS I. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. All REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT;AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE,IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: M.Jeff tr k and DISCLOSURE FOR CONFESSION OF JUDGMENT Pr�riclpal i.oan pate Maturity Lnan NR _, Gaa!cqp Accqunf. Officer .Initials SZ40;Obp QQ:'' 04 24 2013;: 4 1*404LL l:Aao�13 2 References in the boxes above are for Lender's use only and do not imit the applicability of this document to an .002 Any item above containing"•••"hes been omitted due to text length limitations, y particular loan or item. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 623 Creek Road Carlisle,PA 17013 Chambersburg Commercial Services 20 South Main Street P.0.Box 6010 Declarant: Matthew G.Strickland Chambersburg,PA 17201 11 Prickly Pear Drive Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT 1 AM EXECUTING,THIS-bL—DAY OF—j'11 .20j-3 ,A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, 1 AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUpING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER' TEiRl JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIAL B. 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 WAIVI G THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT - ?! ANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS:A.. C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT TH�4T APPLIES.I REPRESENT THAT: INITIALS 1. '1,WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. �A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO-MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT;,AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. DECLARANT: ` X Matthew G.Strickland ISeal) o C ,OIO iC iRr6)}f T,0 EXHIBI E COMMERCIAL GUARANTY Prfnctpa! I oan ReteMBtur Lban No �1' Gail/doll. :. - ,. ... Account Offlcer Intt ' ials References in the boxes above are for Lenders use only and do not limit the applicability of this document to any particular loan or Item. Any item above containing "has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 623 Creek Road Carlisle,PA 17013 Chambersburg Commercial Services 20 South Main Street P.O.Box 6010 Guarantor: M.Jeffrey Strickland Chambersburg;PA 17201 623 Creek Road Carlisle,PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or anyother guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order,on demand,in legal tender of the United States of America,In same-day funds,without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty. Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word"Indebtedness"as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid Interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable attorneys' fees,arising from any and all debts, liabilities and obligations of every nature or form,now existing or hereafter arising or acquired, that Borrower Individually or collectively or interchangeably with others,owes or will owe Lender. "Indebtedness"includes, without limitation, loans, advances, debts, overdraft indebtedness, credit card Indebtedness, lease obligations, liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements,other obligations,and liabilities of Borrower,and any present or future judgments against Borrower,future advances,loans or transactions that renew,extend,modify,refinance, consolidate or substitute these debts, liabilities and obligations whether:voluntarily or involuntarily Incurred; due or to become due by their terms or acceleration;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or Indirect;primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason(such as infancy, insanity,ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative.,,This Guaranty shall not(unless specifically provided below to the contrary)affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower,and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantor's written notice of revocation must be(nailed to Lender,by certified mail,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined or due. For this purpose and without limitation, "new Indebtedness" does not include all or part of the Indebtedness that is: incurred by Borrower prior to revocation;incurred,under a commitment that became binding before revocation;any renewals,extensions,substitutions,and modifications of the Indebtedness. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity,regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative,may terminate this Guaranty in the 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 Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars($0.00), shall not constitute a termination of this Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of !he 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; (C) to take and hold security for the payment of this Guaranty or the.Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; ID) to release,substitute,agree not to sue,or deal with any one or more of Borrower's sureties, endorsers, or other,guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof,including without limitation,any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in its discretion may determine; (G), to sell, transfer, assign or grant participations In all or any part of the Indebtedness;and (H) Guaranty in whole or in part, to assign or transfer this GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other Instrument binding upon Guarantor and do not result In'a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets,, any Interest therein; (FI upon Lender's request,Guarantor will provide to Lender financial and credit information in form acceptable to Lendei,and all such financial information which currently has been, and all future financial information which will be provided to Lender is and will lie true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements'provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation,claim,'investigation,administrative proceeding or similar action(including those for unpaid taxes)against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower; and (J) Guarantor has established adequate means ofdobtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts,events,or circumstances which might in any way affect Guarantor's risks under this Guaranty,and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year, Guarantor's balance sheet and income statement for the year ended,prepared by Guarantor. COMMERCIAL GUARANTY Loan No; (Continued) Page 2 Tex Returns. As soon as available,but in no event later than thirty(30)days after the applicable filing date for the tax reporting period ended,Guarahtor's Federal and other governmental tax returns,prepared by Guarantor. All financial reports.required to be provided under this Guaranty shall be prepared in accordance with GAAP,applied on a consistent basis,and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (8) to make any presentment, protest,demand,or notice of any kind,including notice of any nonpayment of the'Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor In connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person,including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person; (E) to give notice of the terms,time,and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any act or omission of any kind,or at any time,with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment Of collateral including,but not limited to, any rights or defenses arising by reason of (A) any"one action" or"anti-deficiency"law or any other law which may prevent Lender from bringing any action, Including a:claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; (C) any disability or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than paymentin full in legal tender, of the Indebtedness; 10) any rlght to claim discharge of the Indebtedness on the basis of unjustified impairment of any"collateral for the Indebtedness; (E) any statute of limitations,if at any time any action or suit brought by Lender against Guarantor is commenced,there Is outstanding Indebtedness which is not barred by any applicable statute of limitations;or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarili,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,yeaives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower,the Gugrantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy,such waiver shall b effective only to the extent permitted by law or public policy. e RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (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 is prohibited by taw;: Guarantor authorizes Lender,to the extent permitted by applicable law,to hold these funds if there is a default,and Lender may apply the funds In these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION;OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created,shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes insolvent. Guarajttor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever,to any claim that Lender,ray now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment,for the benefit of creditors,by voluntary liquidation,or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the`fndebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the samo are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees, and Lender is hereby authorized,In the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty. MISCELLANEOUS7PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments;` This Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the mattefs set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. i Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone ends to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's reasonable attorneys'fees and legal expenses whether or not there is a lawsuit,Including reasonable attorneys'fees and legal expense's for bankruptcy proceedings fincluding efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay ail court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of'}his Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County,Corrf:T'onwealth of Pennsylvania. Integration. ;:Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and 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'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require;and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words"Guarantor,"`Borrower,"and"Lender"Include the heirs,successors, assigns,and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by Itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of.this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower orGuarantorare corporations,partnerships,limited liability companies,or similar entities,it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or purporting to act on their behalf,and any indebtedness made or created in reliance upon the professed exercise of such powers shell be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing,and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier,or, if mailed, when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law,if there is more than one Guarantor,any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. Loan No: COMMERCIAL GUARANTY (Continued) Page 3 No Waiver by Lander. Lender shell 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 waiver of such right or any other right. A waiver.by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict Compliance with that Provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dealing between Lender and Guarantor,shall constitute a waiver of any of Lender's rights or of any Of Guarantor's obligations as to any future transections. Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and In ell cases such consent ma be the sole discretion of Lender. y granted or withheld in Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives successors,and assigns,and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lander and Guarantor hereby waive the right to any jury trial In any action, Proceeding, or counterclaim brought by either Lander of Guarantor against the other. DEFINITIONS. The following capitalized words and terms shell have the following meanings when used In this Guaranty. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word"Borrower, means Strickland Brothers Construction,LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word"GAAP"means generally accepted accounting principles. Guarantor. The word 'Guarantor" means everyone signing this Guaranty.Including without limitation M.Jeffrey Strickland, and in each case,any signers successors and assigns. Guaranty. The'�word"Guaranty"means this guaranty from Guarantor to Lender. Indebtedness.'.rhe word"Indebtedness"means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The w16 6rd"Lender"means Farmers and Merchants Trust Company of Chambersburg,Its successors and assigns. Nota. The woad "Note' means and includes without limitation all o} Borrower's laeBorrower's promissory notes and/or credit agreements evidencing �.obligations in favor of Lander,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds,colfetcial mortgages, and all other Instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA,OR ELSEWHERE,TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT 110%1 OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS Is5001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM,TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS".GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 24,2013. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, GUARANTOR; X9yi 1111 N and ISe011 i XHIBIT F COMMERCIAL GUARANTY Pnnclpat i.aan Bata tUiafu�ity �.o�n Na GNI t Boil ,' .. Accotiht ;. Qflicee.. {kfil�als : References in the boxes aboveare for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing""••"has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 623 Creek Road Chambersburg Carlisle,PA 17013 Commercial Services 20 South Main Street P.0.Box 6010 Chambersburg,PA 17201 Guarantor: Matthew G.Strickland 11 Prickly Pear Drive Carlisle,PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order,on demand,In legal tender of the United States of America,in same-day funds,without set-off or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS.'The word"Indebtedness"as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by low, reasonable attorneys' fees, arising from any and all debts,liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower indlvidually or collectively or interchangeably with others,owes or will owe Lender. "Indebtedness"includes,without limitation, loans, advances,;debts, overdraft indebtedness, credit card indebtedness, lease obligations, liabilities and obligations under any Interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements,other obligations,and liabilities of Borrower,and any present or future judgments against Borrower,future advances,loans or transactions that renew,extend,modify,refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or indirect;primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing; originated by Lender or another or others; barred or unenforceable against Borrower for any reason whatsoever; for any transactions that may be voidable for any reason(such as infancy, insanity,ultra vires or otherwise);and originated then reduced or extingUshed and then afterwards increased or reinstated. If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative. This Guaranty shell not(unless specifically provided below to the contrary)effect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shell have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in furl. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender,by certified mail,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose,and without limitation, the term "new Indebtedness" does not include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined 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 Indebtednesi4 This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative may terminate this Guaranty In the 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 Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It Is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars($0.00),shall not constitute a termination of Ws Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs,successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00)• GUARANTOR'$AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and wittiout lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to alter,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; ICI to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue,or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; IF) to apply such security and direct the order or manner of sale thereof,Including without limitation,any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in its discretion may determine;,(G) to sell, transfer, assign or grant participations in all or any pan of the Indebtedness; and (H) to assign or transfer this Guaranty in whole or In part. GUARANTOR'S,REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of airy kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; IB) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty; (0) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not resuit:in a violation of any law,regulation,court decree or order applicable to Guarantor; IE) Guarantor has not and will not,without the prior writterj,.consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets,or any interest therein; (F) upon Lender's request,Guarantor will provide to Lender financial and credit information in form acceptable to Lander,and all such financial information which currently has been,and all future financial information which will be provided to Lender is and will be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is piovided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; IH) no litigation,claim,investigation, administrative proceeding or similar action(including those for unpaid taxes)against Guarantor is pending or threatened; (1) .Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and Ql Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts,events,or circumstances which might in any way affect Guarantor's risks under this Guaranty,and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S,FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty (1201 days after the end of each fiscal year, Guarantor's.balance sheet and income statement for the year ended,prepared by Guarantor. COMMERCIAL GUARANTY Loan Nt (Continued) Page 2 Tax Returns. As soon as available,but in no event later than thirty(30)days after the applicable filing date for the tax reporting period ended,Guarantor's Federal and other governmental tax returns,prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP,applied on a consistent basis,and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to make any presentment,protest, demand,or notice of any kind, including notice of any nonpayment of th'a Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part of Borrower, Lender, any surety,endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person,including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person; (E) to give notice of the terms,time,and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any act or omission of any kind,or at any time,with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including,but not limited to, any rights or defenses arising by reason of (A) any "one action"or"antl-deficiency" law or any other low which may prevent Lender from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; IC) any disability or other defense of Borrower,of any:other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other then payment in,full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified Impairment of any collateral for the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor is commenced,there is outstanding Indebtedness which is not barred by any applicable statute of limitations;or (F) any defenses given to guarantors at law or In equity other then actual payment and performance of the Indebtedness. If payment is made by Borrower, whether voluntarjl,r 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 shell.be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further r,waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy,such waiver shall be effective only to t+he extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff In all Guarantor's accounts with Lender (whether checking, savings, or some other account). This includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may oden 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 authorizes Lender,to the extent permitted by applicable law,to hold these funds if there is a default,and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION'OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created,shall be.superlor to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account whatsoever, to any claim that Lender,'may now or hereafter have against Borrower. In the event of Insolvency and consequent liquidation of the assets of Borrower, through bankruptcy,by an assignment for the benefit of creditors,by voluntary liquidation,or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does Hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of thi'Indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees,and Lender is hereby authorized,in the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce Its rights under this Guaranty. MISCELLANEOUS'PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the mattefs set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty,and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lenders reasonable attorneys'fees and legal expenses whether or not there is a lawsuit,Including reasonable attorneys'fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of.this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Choiea of Vanua. If there Is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County,Cam'frtonwealth of Pennsylvania. Integration. +Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's intentions and 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'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation; In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words"Guarantor," "Borrower,"and"Lender"include the heirs,successors, assigns, andtransferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by itself:will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of.,this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. It any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies,or similar entities,it Is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or purporting to act on their behalf,and any indebtedness made or created in reliance upon the professed exerclse of such powers shall be guaranteed under this Guaranty. Notices, Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by telefecsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to they 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 all Guarantors. COMMERCIAL GUARANTY Loan No: ' (Continued) Page 3 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 waiver of such right or any other right. A waiveriby Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dealing between Lender and Guarantor,shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. ,Y. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representatives,successors,and assigns,and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lander and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall Include the singular,as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The,word"Borrower" means Strickland Brothers Construction,LLC and includes all co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The woid"GAAP"means generally accepted accounting principles. Guarantor. The word"Guarantor"means everyone signing this Guaranty,including without limitation Matthew G.Strickland,and in each case,any signers successors and assigns. Guaranty. The'-word"Guaranty"means this guaranty from Guarantor to Lender. Indebtedness. The word"Indebtedness"means Borrower's Indebtedness to Lender as more particularly described in this Guaranty. Lender. The w6 id"Lender"means Farmers and Merchants Trust Company of Chambersburg,its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loar)'obligations In favor of Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. 'I Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,security deeds, collateral mortgages, and all other instruments, agreements and documents,whether now or hereafter existing,executed In connection with the Indebtedness. CONFESSION OF :IUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS($600) ON WHICH JUDGMF,NT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS!GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED APRIL 24,2013. THIS GUARANTY 19,GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X �J (Seal) Matthew G.Strickland uses rna o""aE,v"u.",oaw oe a•..na...:+sea.a"..u..gym.wn w rn„w..•.,"..vE T:1"mcnMEiuhlEep EC T-111.mno r. EXHIBIT G PROMISSORY NOTE Pilnclpe! Loan Date iVfaturfty Doan No Cart 7 Con AcCou►i;f Officer initials S>773,750:Ob 0731 2U13 07'3iL01:4; 1A1o/132 DPZ References in the boxes above are for Lender's use only and do not limit the applicability of this document to any parucuiar loan or item. Any item above containing`•••"has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Formers and Merchants Trust Company of 690 Creek Road Chambersburg Carlisle,PA 17013 Commercial Services 20 South Main Street P.0.Box 6010 Chambersburg,PA 17201 Principal Amount: $173,750.00 Date of Note: July 31, 2013 PROMISE TO PAY. Strickland Brothers Construction, LLC ("Borrower") promises to pay to Farmers and Merchants Trust Company of Chambersburg ("Lender"), or order, In lawful money of the United States of America, the principal amount of One Hundred Seventy-three Thousand Seven Hundred Fifty & 00/100 Dollars ($173,750.00)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 this loan In one payment of all outstanding principal plus all accrued unpaid interest on July 31, 2014. In addition,Borrower will pay regular monthly payments of all accrued unpaid interest due as of each payment date,beginning August 31,2013, with all subsequent interest payments to be due on the last day of each month atter that. Unless otherwise agreed or required by applicable law,payments willbe applied first to any escrow or reserve account payments as required under any mortgage,dead of trust,or other security instrument or security agreement securing this Note;then to any accrued unpaid interest as shown on the most recent statement or bill provided to Borrower(if no statement or bill has been provided for any reason,it shall be applied to the unpaid interest accrued since the last payment); then to principal;than to any late charges;and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which Is the U.S.Prime Rate as quoted in the Money Rates section of the Wall Street Journal. When a range of rates are published,the higher of the rates will be used. (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notifying Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each time there is a change in the Index. Borrower understands that Lender may make loans based on other rates as well. The Index currently Is 3.250%per annum. Interest on the unpaid principal balance of this Note will be calculated as described in the "INTEREST CALCULATION METHOD" paragraph using a rate of 0.500 percentage points over the Index, adjusted if necessary for any minimum and maximum rate limitations described below,resulting in an initial rate of 4.500%per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rate on this Note be less than 4.500%per annum�or more than the maximum rate allowed by applicable low. INTEREST CALCULATION METHOD. Interest on this Note is computed on a 365/360 basis;that Is,by applying the ratio of the interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. All interest payable under this Note is computed using this method. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing,Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments 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. IVElorrower sends such a payment,Lender may accept it without losing any of Lender's rights under this Note,and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts,including any check or other payment Instrument that indicates that the payment constitutes"payment in full"of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of Chambersburg,Commercial Services,20 South Main Street,P.0.Box 6010,Chambersburg,PA 17201. LATE CHARGE. We payment is 16 days or more late, Borrower will be charged 6.000%of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the interest rate on this Note shall be increased by adding an additional 2.000 percentage point margin ("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rate change that would have applied had there been no default. If judgment is entered in connection with this Note, interest will continue to accrue,after the date of judgment at the rate in effect at the time judgment is entered. However,in no event will the interest rate exceed the maximum interest rete limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default("Event of Default")under this Note: Payment Default. Borrower fails to make any payment when due under this Note. Other Defaults Borrower fails to comply with or to perform any other term,obligation,covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term,obligation,covenant or condition contained in any other agreement between Lender and Borrower. Default In Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements, Any warranty,representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect,either now or at the time made or furnished or becomes false or misleading.at any time thereafter. Death or Insolvency. The dissolution of Borrower )regardless of whether election to continue is made), any member withdraws from Borrower,or any other termination of Borrower's existence as a going business or the death of any member,the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property,any assignment for the benefit of creditors,any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes.a garnishment of any of Borrower's accounts,including deposit accounts,with Lender. However,this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond,for the creditor or forfeiture proceeding,in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is Impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. It any default,other than a default in payment is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve 02) months, it may be cured if Borrower, after Lender sends written notice to Borrower demanding cure of such default: 111 cures the default within fifteen 0 5)days;or (2) if the cure requires more than fifteen 1151 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and•completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance under this Note and all accrued unpaid interest immediately due,and then Borrower will pay that amount. ATTORNEYS' FEES;EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount. This includes,subject to any limits under applicable law,Lender's reasonable attorneys'fees and Lender's legal expenses, PROMISSORY NOTE Loan No: (Continued) Page 2 whether or not there Is a lawsuit, including reasonable attorneys' fees, expenses for bankruptcy proceedings (including Sfforts to modify or vacate any automatic stay or injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court costs,in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,proceeding,or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonweatth of Pennsylvania without regard to its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit,Borrower agrees upon Lender's request to submit to the jurisdiction of the courts'of Franklin County, Commonwealth of Pennsylvania. „ DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 If Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable low,Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking,savings,or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes Lender,to the extent permitted by applicable law,to charge or setoff all sums owing on the indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced,Borrower is not entitled to further loan advances. 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 authority: Matthew G.Strickland, Member of Strickland Brothers Construction,LLC:and M.Jeffrey Strickland,Member of Strickland Brothers Construction,LLC. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsementson this Note or by Lender's Internal records,including daily computer print-outs. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns,and shall inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS. If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lenderrmay delay or forgo enforcing any of its rights or remedies under this Note without lasing them. Borrower and any other person who signs,guarantees or endorses this Note,to the extent allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any changei,in the terms of this Note, and unless otherwise expressly stated in writing,no party who signs this Note,whether as maker,guarantor,accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this loan or release any party or guarantor or collateral;or Impair,fail to realize upon or perfect Lender's security interest in the collateral;and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable,it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA,OR ELSEWHERE,TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OWENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST,LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS OF SUIT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (5500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE,INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE�THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: STRICKLAND BRO E CONSTR ON,LLC By: Seal) By:Iftitr�� (Seal) tthew G. Strickland, Member of Strickland M. JG"r trickland, Member of Strickland Brothers Construction,LLC Brothers Construction,LLC u{t•rr0l..tr.�,•i)>OOf Cr tu...rw.i,n+{w�,..,w.,Hr,p,r,y,iy,,.r.....r. rr r.��,.rr.,([n{rtr0f0 rt i,1.nIN A 0 DISCLOSURE FOR CONFESSION OF JUDGMENT Ptlncip�l Lti�n O Qa�a lUlaturly Loan>,No c.alt!Coll ACCouttt fficer, 4nitials References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"""' has been omitted due to text length limitations. Borrower: Strickland Brothers Construction, LLC Lender: Farmers and Merchants Trust Company of 690 Creek Road Chambersburg Carlisle, PA 17013 Commercial Services 20 South Main Street P. 0.Box 6010 Chambersburg, PA 17201 Declarant: M.Jeffrey Strickland 690 Creek Road Carlisle, PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING,THIS `i} DAY OF _ , 20 1,j , A GUARANTY FOR AN UNLIMITED AMOUNT, A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER . JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EN JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING, LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING T4ESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNERPERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. r� :1 INITIALS: ft�:J,_..:, ;.: C. AFTER HAVING READi�AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES;:I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. AJt 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY y TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT;AND THAT'I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE IS GIVEN; UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, DECLARANT: �l (Seal) M.Jeff e t c and 'LASER PRO L,ndn9.V4, 13 2 0 016 Ce H—d F.—I S41ul'wn,,Int,1997 2013 All Pill-P111-1 PA 1:--.P.ICP1LPt%D3O FC TA.15834 PR$0 Y ,DISCLOSURE FOR CONFESSION OF JUDGMENT i'�irtcip�l %—.-3 an Baia . NO r mnr Coir' Aceotirxt Of#it e.r Initials S 173:.754 b0 t} 'i 2.0"13. 03:2A.1,�i 1A10 F J.3.2 ORZ ` References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing """"" has been omitted due to text length limitations. Declarant: Strickland Brothers Construction, LLC Lender: Farmers and Merchants Trust Company of 690 Creek Road Chambersburg Carlisle, PA 17013 Commercial Services 20 South Main Street P.0. Box 6010 Chambersburg, PA 17201 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THISDAY OF _ 20 ( j , A PROMISSORY NOTE FOR $17,3,750.00 OBLIGATING DECLARANT TO REPAY THAT AMOUNT. A. THE UNDERSIGNED UNDERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER. CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT GAI T DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. THE UND RSIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE 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 DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TOADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PE (TTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READi AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES;,THE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE TE. / (2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO /"� DECLARANT'S ATTENTION. DISCLOSURE FOR CONFESSION OF JUDGMENT PriYlbipai Loan Date 71!iaturlty loan Nb S 173, 5;0 Ob rgrl/Cbll A'ccourt Oflicet tnitisis =07 3.1:.241$ 07-31 2914:. 1X101 13 ` DpZ; References in the boxes aboveare for Lender's use only anu v ,he applicability of this document to any particular loan or item. Any item above containing"•••"has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of burg 690-Creek Road Chambers Carlisle,PA 17013 Commercial Services 20 South Main Street P.0.Box 6010 Declarant: Matthew G.Strickland Chambersburg,PA 17201 11 Prickly Pear Drive Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT IAM EXECUTING,.THIS DAY OF 201,A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS AA 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'bPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S-ENTERING-JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTH R `STAND 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 JUDGMENTIN A I NY NNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,I REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY, 2. X,REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY Arkel— TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS$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. f THIS DISCLOSURE;IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DISCLOSURE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALD STRUMENT ACCORDING TO LAW. DECLARANT: " eoll how G,SIT and r., .,.nano, „,o ---._—._ ,ow rc rn nar. `\ k. R EXHIBIT H COMMERCIAL GUARANTY Principal Eoan Date Maturity,;: Loan No"; Cali 1 coli Recoun=1oanor ti,References in thqboxes above are for Lender'suse only and do not limit the applicability of this document to an Any item above containing"'•"'has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 690 Creek Road Chambersburg Carlisle,PA 17013 Commercial Services 20 South Main Street P.0.Box 6010 Chambersburg,PA 17201 Guarantor: M.Jeffrey Strickland 690 Creek Road Carlisle,PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees lull and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, s Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedios against anyone else obligated too pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payrr)ents to Lender or its order,on demand,in legal tender of the United States of America,in same-day funds,without set-ofl or deduction or counlorclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word"Indebtedness"as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times;'accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable attorneys' fees,arising from any and all debts,liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower indlYclually or collectively or interchangeably with others,owes or will owe Lender. "Indebtedness"includes,without limitation, loans,advances,d4bts,overdraft indebtedness,credit card indebtedness,lease obligations,other obligations,and liabilities of Borrower,and any present or future jgdgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or indirect;primary or secondary in nature or arising from a guaranty or surety; secured or unsecured;joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing;originated by Lender or another or others;barred or unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. However, "Indebtedness"shall not include any liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, unless otherwise agreed in writing by Lender and Guarantor. If Lender presently.holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative. This Guaranty shall not(unless specifically provided below to the contraryl affect or invalidate any such other guaranties. Guarantor's liability,will be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACOUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor-or to Borrower, and will continue in full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in-,full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so In writing. Guarantor's written notice of revocation must be mailed to Lender, by certified mail,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation:of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written 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 Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the 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 Guaranty. A revocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars($0.00),shall not constitute a termination of this'Guaranty. This Guaranty is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Borrower; (B) to after,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue,or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; IF) to apply such security and direct the order or manner of sale thereof, including without limitation, any nonjudiclat sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; (G) to sell, transfer, assign or grant participations In all or any part of the Indebtedness;and (H) to assign or transfer this Guaranty in whole or in part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any;kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in.a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose of all or substantially all of Guarantor's assets,or any interest therein; (F) upon Lender's request,Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been,and all future financial information which will be provided to Lender is and will be true and correct In all material respects and fairly present Guarantor's financial condition as of the dates the financial Information is provided; 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 materially adversely affect Guarantor's financial condition; (H) no litigation,claimp investigation,administrative proceeding or similar action(including those for unpaid taxes)against Guarantor is pending or threatened; (1) Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and (J) Guarantor has established adequate means of'.obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts,events,or circumstances which might in any way affect Guarantor's risks under this Guaranty,and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later than one-hundred-twenty (120) days after the end of each fiscal year, COMMERCIAL GUARANTY Loan No (Continued) Page 2 Guarantor's balance sheet and income statement for the year ended,prepared by Guarantor. Tax Returns. As soon as available,but in no event tater than thirty(30)days after the applicable filing date for the tax reporting period ended,Guarantor's Federal and other governmental tax returns,prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP,applied on a consistent basis,and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) ;to continue lending money or to extend other credit to Borrower; IBI to make any presentment,protest,demand,or notice of any kind,Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations; (C) to resort for payment or to proceed directly or at once against any person,Including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person; tE) to give notice of the terms,time, and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power;or IG) to commit any act or omission of any kind,or at any time,with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral Including,but not limited to,any rights or defenses arising by reason of (A) any "one action" or "anti-deficiency' law or any other law which may prevent Lende'r from bringing any action, including a claim for deficiency, against Guarantor, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale; (B) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement, Including without limitation, any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; ICI any disability or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than payment in full in legal tender, of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations,if at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which Is not barred by any applicable statute of limitations;or (F) any defenses given to guarantors at law or in equity other than actual payment and performance of the Indebtedness. If payment is-'made by Borrower, whether voluntarily or otherwise,or by any third party,on the Indebtedness and thereafter Lender is forced to remit the amount of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may,.be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law or public policy,;such waiver shall be effective only to the extent permitted by law or public policy. ,. RIGHT OF SETOFF. To the extent permitted by applicable low, Lender reserves a tight of setoff in all Guarantor's accounts with Lender (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 authorizes Lender,to the extent permitted by applicable law,to hold these funds If there is a'default,and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now.gxisting or hereafter created,shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon any account.whatsoever, to any claim that Lender,may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the�assets of Borrower, through bankruptcy,by an assignment for the benefit of creditors,by voluntary liquidation,or otherwise,the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to.Lender. Guarantor agrees,and Lender is hereby authorized,in the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless"Given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. i_ Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including ILender's reasonable attorneys' fees and Lender's legal expenses, Incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement. !Costs and expenses include Lender's reasonable attorneys'fees and legal expenses whether or not there is a lawsuit,including reasonable;attorneys'fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County,Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's=Intentions and 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 coats(including Lender's attorneys'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor,then all words used in this Guaranty.in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words"Guarantor,""Borrower,"and"Lender"include the heirs,successors, assigns,and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If;any one or more of Borrower of Guarantor are corporations,partnerships,limited liability companies,or similar entities.It is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or"purporting to act on their behalf,and any indebtedness made or created in reliance upon the professed exercise of such powers shall he guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing,and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by,.telefacsimile (unless otherwise required by law), when deposited with e'nationally recognized overnight courier, or, if mailed,when do posited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes. Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable;law,if there is more COMMERCIAL GUARANTY Loan No (Continued) Page 3 than one Guarantor,any notice given by Lender to any Guarantor Is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dealing between Lender and Guarantor,shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal representativds,successors,and assigns,and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary,all references to dollar amounts shell mean amounts in lawful money of the United States of America. Words and terms used in the singular,shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word"Borrower"means Strickland Brothers Construction,LLC and includes all co-signers and co-makers signing the Note and all their sdccessors and assigns. GAAP. The word"GAAP"means generally accepted accounting principles. Guarantor. The word"Guarantor" means everyone signing this Guaranty,including without limitation M. Jeffrey Strickland,and In each case,any signer's successors and assigns. Guaranty. The'word"Guaranty"means this guaranty from Guarantor to Lender. Indebtedness...The word"Indebtedness"means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word"Lender"means Farmers and Merchants Trust Company of Chambersburg,its successors and assigns. Note. The wprd "Note" means and Includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties,security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents,whether now or hereafter existing,executed in connection with the Indebtedness. CONFESSION OF"JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT I10%I OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS 185001 ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM.TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS, IN ADDITION,EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS,;GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JULY 31,2013. THIS GUARANTY IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: X (Seal) M.Je lnckland --.."A-- seises. l EXHIBIT I COMMERCIAL GUARANTY PrldBipai Loan pate MatuhiY .Loax1 No. CSO Con Account Officer taitials 1A1i1713;2'., DPZ References in the boxes above are for Lender s use only and do not limit the applicability of this document to any particular loan or item. Any item above containing"•••'has been omitted due to text length limitations. Borrower: Strickland Brothers Construction.LLC 690 Creek Road Leader: Farmers and Merchants Trust Company of Carlisle,PA 17013 Chambersburg Commercial Services 20S Outh Main Street P.0.Box 6010 Guarantor: Matthew G.Strickland Chambersburg,PA 17201 11 Prickly Pear Drive Carlisle.PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection,so Lender can enforce this Guaranty against Guarantor oven when Lender has not exhausted Lender's remedies agoinst anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or its order,on demand,in legal tender of the United States of America,in same-day funds,without sot-olt or deduction or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word"Indebtedness"as used In this Guaranty means all of the principal amount outstanding from time to time and at any one or more times;accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, reasonable attorneys' fees,arising from any and all debts,liabilities and obligations of every nature or form, now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others,owes or will owe Lender. "Indebtedness" includes, without limitation, loans,advances,dgbts,overdraft indebtedness,credit card indebtedness,lease obligations,other obligations,and liabilities of Borrower,and any present or future judgments against Borrower, future advances, loans or transactions that renew, extend, modify, refinance, consolidate or substitute these debts, liabilities and obligations whether: voluntarily or involuntarily incurred; due or to become due by their terms or acceleration;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or indirect;primary or secondary in nature or arising from a guaranty or surety; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negotiable instrument or writing;originated by Lender or another or others;barred or unenforceable against Borrower for any reason whatsoever;for any transactions that may be voidable for any reason (such as infancy, insanity, ultra vires or otherwise); and originated then reduced or extinguished and then afterwards increased or reinstated. However, "Indebtedness" shall not include any liabilities and obligations under any interest rate protection agreements or foreign currency exchange agreements or commodity price protection agreements, unless otherwise agreed in writing by Lender and Guarantor. If Lender presently,holds one or more guaranties,or hereafter receives additional guaranties from Guarantor, Lender's rights under all guaranties shall be cumulative. This Guaranty shall not(unless specifically provided below to the contrary)affect or invalidate any such other guaranties. Guarantor's liability will be Guarantor's aggregate liability under the terms of this Guaranty and any,such other unterminated guaranties. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND:SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor or to Borrower,and will continue In full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed Im.full. if Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be,mailed to Lender,by certified mail,at Lender's address listed above or such other place as Lender may designate in writing. Written revocation'of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose and without limitation, the term "new Indebtedness" does not Include the Indebtedness which at the time of notice of revocation is contingent, unliquidated, undetermined or not due and which later becomes absolute, liquidated, determined 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.'r This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal representative may terminate this Guaranty in the 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 Guaranty. Arevocation Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur In the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknowledges and agrees that reductions in the amount of the Indebtedness, even to zero dollars ($0.00), shall not constitute a termination of thisArGuaranty. This Guaranty Is binding upon Guarantor and Guarantor's heirs, successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice or demand and without lessening Guarantor's liability under this Guaranty,from time to time: IA) prior to revocation as set forth above,to make one or more additional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to;Borrower; (B) to after,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of"the Indebtedness or any part of the Indebtedness, including increases and decreases of the rate of Interest on the Indebtedness;extensions may be repeated and may be for longer than the original loan term; (C) to take and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue,or deal with any one or more of Borrower's sureties, endorsers, or other guarantors on any terms or in any manner Lender may choose; (E) to determine how, when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof,including without limitation,any nonjudicial sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in its discretion may determine; (G) to sell, transfer,assign or grant participations in all or any part of the Indebtedness;and fH) to assign,or transfer this Guaranty in whole'or In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any„kind have been made to Guarantor which would limit or qualify In any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter into this Guaranty; (D) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written consent of Lender, sell, lease, assign, encumber, hypothecate, transfer, or otherwise dispose Of all or substantially all of Guarantor's assets;or any interest therein; (F) upon Lender's request,Guarantor will provide to Lender financial and credit information in form acceptable to lender,and all such financial information which currently has been,and all future financial information which will be provided to Lander is and will.be true and correct in all material respects and fairly present Guarantor's financial condition as of the dates the financial information is provided; (G) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation,claim, investigation, administrative proceeding or similar action(Including those for unpaid taxes)against Guarantor is pending or threatened; (1) Lender hes made no representation to Guarantor as to the creditworthiness of Borrower;and W) Guarantor has established adequate means oV obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep adequately informed from such means of any facts,events,or circumstances which might in any way affect Guarantor's risks under this Guaranty,and Guarantor further agrees that Lender shall have no obligation to disclose to Guarantor any information or documents acquired by Lender in the course of its relationship with Borrower. GUARANTOR'S FINANCIAL STATEMENTS. Guarantor agrees to furnish Lender with the following: Annual Statements. As soon as available, but in no event later then one-hundred-twenty (120) days after the end of each fiscal year, COMMERCIAL GUARANTY Loan No: (Continued) - Page 2 Guarantor's balance sheet and income statement for the year ended,prepared by Guarantor. Tax Returns. As soon as available, but in no event later than thirty(30)days after the applicable filing date for thetaxreporting period ended,Guarantor's Federal and other governmental tax returns,prepared by Guarantor. All financial reports required to be provided under this Guaranty shall be prepared in accordance with GAAP,applied on a consistent basis,and certified by Guarantor as being true and correct. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) •to continue lending money or to extend other credit to Borrower; (B) to make any presentment, protest,demand,or notice of any kind,Including notice of any nonpayment of the Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the part of Borrower, Lender, any surety, endorser, or other guarantor in connection with the Indebtedness or in connection with the creation of new or additional loans or obligations: (C) to resort for payment or to proceed directly or at once against any person,Including Borrower or any other guarantor; (D) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor,or any other person; IE) to give notice of the terms, time,and place of any public or private sale of personal property security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; IF) to pursue any other remedy within Lender's power;or (G) to commit any act or omission of any kind,or at any time,with respect to any matter whatsoever. Guarantor also waives any and all rights or defenses based on suretyship or impairment of collateral including,but not limited to,any rights or defenses arising by reason of (A) any "one action" or"anti-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; (8) any election of remedies by Lender which destroys or otherwise adversely affects Guarantor's subrogation rights or Guarantor's rights to proceed against Borrower for reimbursement,including without limitation, any loss of rights Guarantor may suffer by reason of any law.limiting,qualifying,or discharging the Indebtedness; (C) any disability'br other defense of Borrower,of any other guarantor,or of any other parson,or by reason of the cossatlon of Borrowewhatsoever,other Borrower's liability from any caug$ than payment in full in legal tender, of the Indebtedness; (0) any right to claim discharge of the Indebtedness on the.basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations, If at any time any action or suit brought by Lender against Guarantor is commenced, there is outstanding Indebtedness which is not barred by any applicable statute of limitations;o'r IFI 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 theamoltnt of that payment to Borrower's trustee in bankruptcy or to any similar person under any federal or state bankruptcy law or law for the relief of debtors, the Indebtedness shall be considered unpaid for the purpose of the enforcement of this Guaranty. Guarantor further waives and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand, recoupment or similar right, whether such claim, demand or right may,be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined t0 be contrary to any applicable law or public policy,`such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (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 vv iich setoff would be prohibited by law. Guarantor authorizes Lender,to the extent permitted by applicable law,to hold these funds if there is a default,and Lender may apply the funds in these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes Insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower,upon any account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors,by voluntary liquidation, or otherwise,the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender.to the Indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any asslignee or trustee in bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the some are subject to this Guaranty and shall be delivered toLender. Guarantor agrees,and Lender is hereby authorized,in the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to take such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under this Guaranty, MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty, together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs andexpenses, including,Lender's reasonable attorneys' fees and Lender's legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone also to help enforce this Guaranty, and Guarantor shall pay the costs and expenses of such enforcement..Costs and expenses include Lender's reasonable attorneys' fees and legal expenses whether or not there is a lawsuit,Including reasonable attorneys'fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing Law. This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal low,the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law provisions. -I, Choice of Venue. If there is a lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Franklin County,Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the termsof this Guaranty; GOarenier hes had the opportunity to be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully this 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'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation. in all cases where there is more then one Borrower or Guarantor,then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more then one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower' and "Guarantor" respectively shall mean all and any one or more of them. The words"Guarantor," "Borrower,"and"Lender"include the heirs,successors, assigns,and transferees of each of them. If a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by Itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies,or similar entities,It is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or.,-purporting to act on their behalf,and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing,and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by"telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail,as first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled"DURATION OF GUARANTY." Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Unless otherwise provided by applicable law,if there is more Loan Nc COMMERCIAL GUARANTY (Continued) ' Page 3 than one Guarantor,any notice given by Lender to any Guarantor is deemed to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver iv such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,not any course of dealing between Lender and Gbarantor,shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Guaranty,the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding u pon Guarantor, and upon Guarantor's heirs, personal representatives,successors,and assigns,and shall be enforceable by Lender and is successors and assigns. Waive Jury, Lender and Guarantor hereby waive the right to any jury trial in any action, Proceeding, Lender u Guarantor against the other. . g,or counterclaim brought by either DEFINITIONS. The;following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Wordsand terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word"Borrower"means Strickland Brothers Construction, LLC and includes ell co-signers and co-makers signing the Note and all their successors and assigns. GAAP. The word"GAAP"means generally accepted accounting principles. Guarantor. The word"Guarantor"means everyone signing this Guaranty,including without limitation Matthew G. Strickland, and in each case,any signer's successors and assigns. Guaranty. The word"Guaranty"means this guaranty from Guarantor to Lender. Indebtednass.,.The word"Indebtedness"means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word"Lender"means Farmers and Merchants Trust Company of Chambersburg,its successors and assigns. Note. The word "Note" means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lender,together with all renewals Of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related nt , guaranties, The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements acid documents,whether now or hereafter existing,executed in connection with the Indebtedness. CONFESSION OF JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALAIJCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS(1500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM 'TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION,EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS,GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED JULY 31,2013. THIS GUARANTY JS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUAR ANTO i x Matthow G.Strickland (Seal) U!f A ff0 M C !n 0 A.} Y i PROMISSORY NOTE Principal Loan Date Maturity, Loan No cop:lcog Account Ofilcer Initials $10,307.21 05-15-2014 07-31-201'4- ( 1A10113.2 RKD' References In the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or Item An item above contalnin "has bean omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 690 Crack Road Carllsle,PA 17013 Chambersburg Carlisle Crossing Community Office 214A Westminster Drive Carlisle,PA 17013 Principal Amount: $10,307.21 Date of Note: May 15,2014 PROMISE TO PAY. Strickland Brothers Construction, LLC ("Borrower") promises to pay to Farmers and Merchants Trust Company of Chambersburg("Lender"). or order,In lawful money of the United States of America,the principal amount of Ten Thousand Three Hundred Seven d 211100 Dollars($10,307.21),together with Interest on the unpaid principal balance from May 15,2014,until paid in full. PAYMENT. Borrower will pay this loan In one principal payment of$10,307.21 plus Interest on July 31,2014. This payment due on July 31, 2014,will be for all principal and all accrued Interest not yet paid. In addition,Borrower will pay regular monthly payments of all accrued unpaid Interest due th of each payment date,beginning June 15,2014,with all subsequent Interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law,payments will be applied first to any escrow or reserve account payments as required under any mortgage,deed of trust,or other security Instrument or security agreement securing this Note;then to any accrued unpaid interest as shown on the most recent statement or bill provided to Borrower(if no statement or bill has been provided for any reason,it shall bo Applied to the unpaid Interest accrued since the last payment);then to principal;than to any late charges;and then to any unpaid collection costs. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. VARIABLE INTEREST RATE. The interest rale on this Nate Is subject to change from lime to lime based on changes In an Independent index which Is the U.S.prime Rate as quoted In the Money Rales section of the Wali Street Journal. When a range of rates are published,the higher of the rates will be used.(the"Index"). The Index is not necessarily the lowest rale charged by Lender on Its loans. If the Index becomes unavailable during the term of this loan,Lender may designate a substitute Index after notifying Borrower. Lender will[ell Borrower the current Index rale upon Borrower's request. The interest rate change will not occur more often than each time[here is a change in the Index. Borrower understands[he[ Lender may make loans based on other rates as well. The Index currently is 3.250% per annum. Inleresl on the unpaid principal balance of this Note will be calculated as described In the"INTEREST CALCULATION METHOD"paragraph using a rale of 0.500 percentage points over the Index,adjusted if necessary for any minimum and maximum rate limitations described below,resulting in an initial rale of 4.500% per annum based on a year of 360 days. NOTICE: Under no circumstances will the interest rale on this Note be less than 4 500%per annum�or more than the maximum rale allowed by applicable law. INTEREST CALCULPTION METHOD, Interest on this Note is computed on a 3651360 basis;that is,by applying the Interest rete the ratio of over a year of 36V days, multiplied by [he outstanding principal balance,multiplied by the actual number of days the outstanding. All interest payable under this Note is computed using this method. ftheprincipal balance Is PREPAYMENT. 138irower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing,Borrower:may pay without penally all or a portion of[he amount owed earlier than It is due. Early payments will not,unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather,early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked"paid In full","without recourse",or similar language. lit Borrower sends such a payment,Lender may accept it without losing any of Lender's rights under[his Note,and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts,including any check or other payment Instrument that Indicates that the payment constitutes"payment In full"of the amount owed or that Is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Farmers and Merchants Trust Company of Chambersburg,Carlisle Crossing Community Office,214A Westminster Drive,Carlisle,PA 17013. LATE CHARGE. If;a payment is 16 days or more late,Borrower will be charged 6.000%of the unpaid portion of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity,the interest rale on this Note shall be increased by adding an additional 2.000 percentage point margin("Default Rate Margin"). The Default Rate Margin shall also apply to each succeeding interest rale change that would have applied had there been no default. If judgment is entered In connection with this Note, Interest will continue to accrue.;afler the date of judgment at the rale In effect at the lime judgment is entered. However,in no event will the Interest rale exceed the maximii'm interest rale limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default("Event of Default")under this Note: Payment Default. Borrower falls 10 make any payment when due under this Note. Other Default's', Borrower fails to comply with or to perform any other term,obligation,covenant or condition contained in this Note or in any of the reloled documents or to comply with or[o perform any term,obligation,covenant or condition contained In any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan,extension of credit,security agreement,purchase or sales agreement,or any other agreement,In favor of any other creditor or person that may malerlally affect any of Borrower's properly or Borrower's aljf ly to repay Ibis Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty,representation or statement made or furnishedto Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect,either now or at the lime made or furnished or becomes false or misleading-at any time thereafter. Death or Insolvency. The dissolution of Borrower (regardless of whether election to continue is made),any member withdraws from Borrower,or any other termination of Borrower's existence as a going business or the death of any member,the insolvency of Borrower, the appointment of a receiver for any part of Borrower's properly,any assignment for the benefit of creditors,any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings,whether by judicial proceeding,self-help, repossession of any other method,by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This Includes�a garnishment of any of Borrower's accounts,Including deposit accounts,with Lender. However,this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or e surely bond for the creditor or forfeiture proceeding,in an amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute Events Affecting Guarantor. Any of [he preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent. or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by Ibis Note Adverse Chan.go. A material adverse change occurs in Borrower's financial condition,or Lender believes the prospect of payment or performance 1 this Note is impaired. Insecurity. Lender in good faith believes Itself Insecure, Cure Provisions. If any default,other than a defaull In payment Is curable and if Borrower has not been given a notice of a breach of the same provision of this Note within the preceding twelve(12)months,it may be cured if Borrower,after Lender sends written notice to Borrower demanding cure of such default: (1) cures the default within fifteen(15)days;or (2) if the cute requires more than fifteen(15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. LENDER'S RIGHTS! Upon default, Lender may, after giving such notices as required by applicable law,declare the entire unpaid principal balance under lhis;,Nole and all accrued unpaid interest immediately due,and then Borrower will pay that amount. ATTORNEYS'FEES;EXPENSES. Lender may hire or pay someone else 10 help collect this Note it Borrower does not pay, Borrower will pay Lender that amount. This includes,subject to any limits under applicable low,Lenders reasonable attorneys'fees and Lender'slegal expense whether or not there is a lawsuit,Including reasonable attorneys'fees,expenses for bankruptcy proceedings(including efforts, s to modify or vacate any automatic stay or Injunction),and appeals. If not prohibited by applicable law,Borrower also will pay any court coals,in addition to PROMISSORY NOTE Loan No: (Continued) Page 2 all other sums provlded by law. JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action,procooding,or counterclaim brought by either Lender or Borrower agalnstthe other. GOVERNING LAW..This Note will be governed by federal low applicable to Lender and,to the extent not preempted by fedora]law,the laws of the Commonwealth.of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender in the Commonwealth of fpnnsylvanis. CHOICE OF VENUE, If there is a lawsuit.Borrower agrees upon Lenders request to submit to the jurisdiction of the courts of Cumberland County,Commonwealth of Pennsylvania. DISHONORED ITEM FEE. Borrower will pay a foe to Lender of$35.00 If Borrower makes a payment on Borrower's loan and the check or preaulhodzed charge wilh which Borrower pays Is later dishonored. RIGHT OF SETOFF.^•To the extent permitted by applicable law,Lender reserves a right of setoff in ell Borrower's accounts with Lender(whether checking,savings,or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower aulli6rizes Lender,to the extent permitted by applicable low,to charge or setoff ell sums owing on the Indebtedness against any and all such accounts,and,at Lender's option,to administratively freeze ell such accounts to allow Lender to protect Lender's charge and setoff rights provided In this paragraph. SUCCESSOR INTERESTS. The terms of INS Note shall be binding upon Borrower, and upon Borrowers heirs, persona] representatives, successors and assigns,end shall Inure to the benefit of Lender and Its successors and assigns. GENERAL PROVISIONS, If any part of this Note cannot be enforced,this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its,rights or remedies under this Note without losing them. Borrower and any other person who signs,guarantees or endorses this Note,to the ezlbnl allowed by law,waive presentment,demand for payment,and notice of dishonor. Upon any change In the terms of this Note,and unless otherwise expressly slated in writing,no party who signs this Note,whether as maker,guarantor,accommodation maker or endorser,shell be released from liability. All such parties agree that Lender may renew or extend(repeatedly and for any length of time)this loan or release anynparty or guarantor or collateral;or Impair,fall to realize upon or perfect Lenders security interest In the collateral;and take any other action dr4�med necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify (his loan without Iha consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. If any portion of this Note Is for any reason determined to be unenforceable,It will not affect the enforceabilily of any other provisions of Ohis Note. CONFESSION OF':JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA.OR ELSEWHERE.TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WITH OR WITHOUT COMPLAINT FILED,CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST,LATE CHARGES AND ANY AND ALL AMOUNTS UPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE,TOGETHER WITH COSTS OF SUIT,AND AN ATTORNEY'S COMMISSION OF TEN PERCENT(10%)OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION,BUT61N 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 NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY,BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CON N�ECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CA'CLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY"INDEPENOENT LEGAL COUNSEL. The lienarlsing from any judgment confessed or entered pursuant to the foregoing authority shall not gA(end to any of Borrowers residential real property as that term is defined in the Pennsylvanla Act of January 30,1974(Pa. Laws 13, No,6), teferred to as the Loan Interest and Protection Lew, as amended,and the holder of soy judgment confessed or entered pursuant to the forgoing authority shall not,in enforcement of any such judgment, execute,levy or otherwise proceed against any such residential real properly;provided,'however,that the lien of such judgment shall extend to such residential real property and that the holder thereof shall be permitted to execute, levy or proceed against suchresidential real properly from and eller the entry of a judgment as conlempletod by Se"ctlon 407 of such Loan Interest and Protection Lew and Rules 2981 to 2988 of the Pennsylvania Rules of Civil Procedure,or successor or similar�stalutes and rules, No limitation of Ilan or any execution,levy or other enforcement contained in the immediately preceding sentence shall apply;wilh respect to any judgment obtained other than by the foregoing authority to confess or enter judgment PRIOR TO SIGNIN .THIS NOTE,BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE,INCLUDING THE VARIABLE INTEREST RATE P9bVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS NOTE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. tf, BORROWER: A: STRICK BRO. E Q .� UC ?L By: ylit(hGLf/r/�t(Sool) BY:4B,.th.r, . ~ Me Ow . trlckland, Mombo o Strickland ckland, Member o1 Slllcklond 'Seel) Brolhom Constj cilon,LLC ion,LLC a. c to DISCLOSURE FOR CONFESSION OF JUDGMENT Princtpal Loan D'at® hit uiity Loan Na `Calh('Gotl Ac'coarit` Officer . `Iri(tlals $4.0.'30x7.21 05��15= 0 4 107-31 t,201`a 1A(Q`f 1.3.2.... - �12FCf) References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. :Any item above containing—*—hes been omitted due to text length limitations. Declarant: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 690 Creek Road Chambersburg Carlisle,PA 17013 Carlisle Crossing Community Office 214A Westminster Drive Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT THE UNDERSIGNED IS EXECUTING ON BEHALF OF DECLARANT, THIS 97�DAY OF y 20 ` A PROMISSORY NOTE FOR$10,307.21 OBLJGATINGDECLARANTToREPAY THAT AMOUNT. A. THE UNDERSIGNED UN4ERSTANDS THAT THE NOTE CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST DECLARANT IN COURT, AFTER A DEFAULT ON THE NOTE, WITHOUT ADVANCE NOTICE TO DECLARANT AND WITHOUT�OFFERING DECLARANT AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANT'S RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST DECLARANT UNDER THE NOTE, THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY,AND VOLUNTARILY WAIVING THESE RIGHTS,INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT,AND THE UNDERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S ENTERING JUDGMENT AGA),NtT DECLARANT BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS., . B. THE UND SIGNED FURTHER UNDERSTANDS THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST DECLARANT WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE 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 DECLARANT'S PROPERTY, IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE NOTE, BEING FULLY AWARE OF DECLARANTS RIGHTS TO.�EIDVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT,THE UNDERSIGNED, ON BEHALF OF THE DECLARANT, IS KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS,AND THE U ERSIGNED EXPRESSLY AGREES AND CONSENTS TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERD ByAPPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING DECLARANT ANY ADVANCE NOTICE. INITIALS: C. AFTER H ING READi AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES;tTHE UNDERSIGNED REPRESENTS THAT: INITIALS 1. DECLARANT,WAS REPRESENTED BY DECLARANT'S OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE NOTE. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE NOTE TO OECLARANT'S ATTENTION. t I; DISCLOSURE FOR CONFESSION OF JUDGMENT Loan No: (Continued) page 2 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: STRICKLAND ROT ,LLC ey: J (Seat) Matthew G. Strickland, Member of Strickland Brothers C nstr ct- ,LLC By: Seat) M. jeffrefricUland, Member of Strickland Brothers C n truction,LLC O nd 69 I41 UUUp C,pl W.KnU i ln­lbol""- -Vtl lt4YILLVlWUU Y'1:1HItl1]]YRY DISCLOSURE FOR CONFESSION OF JUDGMENT P-rincipal 4oan Dat® Maur ty Loar'No ca»�:cou Accnult Offieer )nitlals $�1'0 307.21 -05 15 2'Oh4 .0731.2D.1.4. 1A1O;Hx?t.3.2.. RKD References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing' —has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 690 Creek Road Chambersburg Carlisle,PA 17013 Carlisle Crossing Community Office 214A Westminster Drive Carlisle,PA 17013 Declarant: Matthew G.Strickland 11 Prickly Pear Drive Carlisle,PA 17013 DISCLOSURE FOR CONFESSION OF JUDGMENT I AM EXECUTING,THIS DAY OF_ 1-1119 Y 20/1/,A GUARANTY FOR AN UNLIMITED AMOUNT. A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE. NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAJ NST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. 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 NERY PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: C. AFTER HAVING READ;'AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES1 REPRESENT THAT: i INITIALS it 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 104i 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION, D. 1 CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN 1 INITIALED AND SIGNED IT;AND THAT l 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: 1 X [Seal) Matthew G.Strickland `j USER PRO I.n0ln9 Vn 1.10009 Cop RuhnO ln.nu.l 3-W11 Mc 1191 2014 A.RI91nL R...n.E PA LIC F1LPLW20iC IR 10122 PR DISCLOSURE FOR CONFESSION OF JUDGMENT Prlracipal Loan ?ate Ma�uriiy "Golan No can�cou TWO Ir '-initials $1d 3U7 21 ;0,5-'15;0— 4 ;07=344201 A" " �Azb'7'13.z References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing--'has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender; Farmers and Merchants Trust Company of 690 Creek Road Chambersburg Carlisle,PA 17013 Carlisle Crossing Community Office 214A Westminster Drive Carlisle,PA 17013 Declarant: M.Jeffrey Strickland 690 Creek Rd Carlisle,PA 17013 # DISCLOSURE FOR CONFESSION OF JUDGMENT s I AM EXECUTING,THIS DAY OF 20Z41 A GUARANTY FOR AN UNLIMITED AMOUNT, A. 1 UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUDGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VALIDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INTELLIGENTLY, AND VOLUNTARILY WAIVING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTQtING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. INITIALS: B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING LENDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, AFTER ENTRY OF JUDGMENT, AGAIN WITHOUT EITHER ADVANCE NOTICE OR A HEARING, TO EXECUTE ON THE JUDGMENT BY FORECLOSING UPON,ATTACHING,LEVYING ON,TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY,IN FULL OR PARTIAL PAYMENT OF THE JUDGMENT. IN EXECUTING THE GUARANTY,BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING AFTER JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING TFfSE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S IMMEDIATELY EXECUTING ON THE JUDGMENT IN ANY MANNER PERMITTED BY APPLICABLE STATE AND FEDERAL LAW,WITHOUT GIVING ME ANY ADVANCE NOTICE. INITIALS: ) 1;r C. AFTER HAVING READ;AND DETERMINED WHICH OF THE FOLLOWING STATEMENTS ARE APPLICABLE, BY INITIALING EACH STATEMENT THAT APPLIES,,A REPRESENT THAT: INITIALS 1. 1 WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THE GUARANTY. 2. A REPRESEOATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY TO MY ATTENTION. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS$10,000;THAT THE BLANKS IN THIS DISCLOSURE WERE FILLED IN WHEN I INITIALED AND SIGNED IT;AND THAT;I,RECEIVED A COPY AT THE TIME OF SIGNING. t4 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. DECLARAN X (Seat) M.Jaffrey ckland r i LASER VNU Lnnd1N VN 14 1 0 009 1:001 Hddmd F—W SdAI-1 Inc 1097 101, AI RVII.Rld—d PA LIC—PLV000 FC 1H 10122 PAW EXHIBIT K COMMERCIAL GUARANTY Principal Loan Date Maturity Loan-No callAccount Offlcb� tnit)als 1Ato7`i3=s RKD References In[he boxes above are for Lender's use only and do not limit the applicability of this document to any particular ban or it An item above eonlAlnin "•'"^has boon omitted duo to text length limitations. Borrower: Strickland Brothers Construction,LLC Lander: Fanners and Merchants Trust Company at 690 Creek Road Chambersburg Carlislo,PA 17013 Carlisle Crossing Community Ofnca 214A Westminstor Drive Carlisle,PA 17013 Guarantor: M.Jeffrey Strickland 690 Creak Rd Carlisle,PA 17013 CONTINUING GUARMTTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration,Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender,and the performance and discharge of an Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection,so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any colleleral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or Its order,on demand,In legal lender of the Untied Slates of America,In same-day funds,without set-off or deduction or counterclaim,and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS. The word"Indebtedness"as used In(his Guaranty means all of(he principal amount outstanding from time to time and at any one or more times,;accrued unpaid Interest(horeon and all collection costs and legal expenses related thereto permitted by law,reasonable attorneys'fees,Arising from any and all debts,liabilities and obligations of every nature or form,now existing or hereafter arising or acquired, that Borrower individually or collectively or interchangeably with others,owes or will owe Lender."Indebtedness"includes,without limitation, loans,advances, debts,overdraft indebtedness,credit card indebtedness,lease obligations,liabilities and obligations under any Interest rale protection agreeme Is or foreign currency exchange agreements or commodity price protection agreements,other obligations,andterestr le Borrower,and any&resent or future Judgments against Borrower,future advances,loans or transactions that renew,extend, ,andmodifliabilities rinencof consolidate or substitute these debts,liabilities and obligations whether:voluntarily or involuntarily Incurred;due or to become due by their e. terms or acceleratio)i;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or Indirect;primary a secondary it nature or arising from a guaranty or surety; secured or unsecured; Joint or several of Join[ and several: evidenced by a negotiable or non-negotiable Instrument or writing; originated by Lender or another or others; barred or unenforceable against Bo ed for any reason whatsoever;for any:transactions that may be voidable for any reason(such as Infancy.Insanity,ultra vires or olhenvlse);and originated then reduced or extinguis,1h'ed and then afterwards Increased or reinstated. If Lender presently holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative;This Guaranty shall not(unless specifically provided below to the contrary)affect or invalidate any such other guaranties. Guarantor's IiabllityLwill be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties, CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY"UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND .SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GUARANTY. This Guaranty will lake effect when received by Lender without the necessity of any acceptance by Lander,or any notice to Guaranlor,,or to Borrower,and,will continue In full force until all the Indebtedness incurred or contracted before receipt by Lender of any notice of revocation shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in?.full. If Guarantor elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantors written notice of revocation must be mailed to Lender,by certified mall,at Lenders address listed above or such other place as Lender may designate in writing. Written revocation a(this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantors written revocation. For this purpose and without limitation, the lean "new Indebtedness"does not Include the Indebtedness which at the time of notice of revocation is conhpgenl,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[he[become binding before revocation;any renewals,extensions,substitutions,and modifications of the Indebtedness.incurred., Guaranty shall bind Guarantors estate as to the Indebtedness created both before and alter Guarantor's death or Incapacity,regardless of Lenders actual notice of Guarantor's death. Subject to the foregoing,Guarantors executor or administrator or other legal representative:may terminale this Guaranty In the some manner In which Guarantor might have terminated It and with the same effect. Release of any olhbr guarantor or termination of any other guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocralion Lender receives from any one or more Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It is anticipated that fluctuations may occur in the aggregate amount of the Indebtodnoss covered by this Guaranty,and Guarantor specifically aeknowlodges and agrees that reductions in the amount of the Indebtedness,even to zero dollars($0.00),shall not constitute a termination of thistGuaranty. This Guaranty is binding upon Guarantor and Guarantors heirs,successors and assigns so long as any of the Indebtedness remalhs unpaid and even though the Indebtedness may from time to time be zero dollars($0.00). GUARANTOR'S AUTHORIZATION TO LENDER Guarantor authorizes Lender,either before or after any revocation hereof,without notice or demand and without lessoning Guarantors liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more addibanal secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to"Borrower; (B) to alter,compromise,renew,extend,accelerate,or otherwise change one or more times the time for payment or other terms of"the Indebtedness or any part of the Indebtedness. Including increases and decreases of the rale of interest on the Indebtedness:oxtehsions may be repealed and may be for longer than the original loan term; (C) to lake and hold security for the payment of this Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of new collateral; (D) to release,substitute,agree not to sue,or deal with any one or more o1 Borrower's sureties, endorsers,or other,guarantors on any terms or In any manner Lender may choose; (E) to determine how,when and what application of payments and credits shall be made on the Indebtedness; (F) to apply such security and direct the order or manner of sale thereof,including without limitation,any nonJudiclal sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in its discretion may determine; (G) to sell,transfer,assign or grant participations in all or any pan of the Indebtedness;and (H) to assign or transfer this Guaranty In whole,dr In part. GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or quality in any way the terms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has lull power,right and authority to enter into this Guaranty; (0) the provisions,'.61 this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result In a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written consent of Lender,sell, lease,assign, encumber,hypothecate, transfer,or otherwise dispose of all or substantially all of Guarantors assels.,or any Interest therein; (F) upon Lender's request,Guarantor will provide to Lender financial and credit information in form acceptable to Lender,and all such financial Information which currently has been,and all future financial information which will be provided to Lender is end will'be true and correct In all material respects and fairly present Guarantors financial condition as of the dales the financial Information is prop�(fded; (G) no malarial adverse change has occurred in Guarantors financial condition since the dale of the most recent financial slalemenl's provided to Lender end no event has occurred which may materially adversely affect Guarantor's financial condition; (H) no litigation,claim;Investigation,administrative proceeding or similar action(including those for unpaid taxes)against Guarantor Is pending or threatened: (I) Lender has made no representation to Guarantor as to the creditworthiness of Borrower;and (J) Guarantor has established adequate moans ol'oblalning from Borrower on o continuing basis information regarding Borrowers financial condition. Guarantor agrees to keep adequaloly Informed from such moons of Any facts,events,or circumstances which might in any way affect Guarantors risks undo([his Guaranty,and Guelantor further agrees that Lander shall have no obligation to disclose to Guarantor any information of documents acquired by Londe(in the course of Its relationship with Borrower. GUARANTOR'S WAIVERS. Except as prohibited by applicable law. Guarantor waives any right to require Lander (A) to continue lending money at to exleA other credit to Borrower; (B) to make any presentment,protest,demand,or notice of any kind.Including notice of any nonpaymont of that-Indebtedness or of any nonpayment related to any collateral,or notice of any action or nonaction on the pori of Borrower. Lender,any suroty'endorsor,or other guarantor in connection with the Indoblednoss or in connection with the creation of now or Additional bans or obligallonS; (C) to resort for payment or to proceed direclty of at once against any parson,including 80rowor or any other guarantor; COMMERCIAL GUARANTY Loan No:, (Continued) Page 2 (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person; (E) to give notice of the lerms,'time,and place of any public or private sale of personal properly security held by Lender from Borrower or to comply with any other applicable provisions of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any act or omission of any kind,or at any time.with respect to any matter whatsoever. Guarantor also walves any and all rights or defenses based on suretyship or Impairment of collateral Including,but not limited to,any rights or defenses arising by'_reeson of (A) any"one action"or"anli-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 subrogellon rights or Guarantor's rights to proceed against Borrower for reimbursement,Including without limitation,any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; (C) any disability or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other than payment In full In legal lender,of the Indebtedness; (D) any right to claim discharge of the Indebtedness on the basis of unjustified impairment of any collateral for the Indebtedness; (E) any statute of limitations,if at any time any action or suit brought by Lender against Guarantor is commenced,there Is outstanding Indebtedness which Is not barred by any applicable statute of limitations;or (F) any defenses given to guaranlors 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 slate 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 wolves and agrees not to assert or claim at any time any deductions to the amount guaranteed under this Guaranty for any claim of setoff, counterclaim, counter demand,recoupment or similar right,whether such claim, demand or right may be asserted by the Borrower,the Guarpptcr,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS, Guarantor warrants and agrees that each of the waivers set forth above is made with Guarantor's full knowledge of its significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver Is determined to be contrary to any applicable law or public policy,such waiver shall be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF.' To the extent permitted by applicable law, Lender reserves a right of setoff in all Guarantor's accounts with Lender (whether checking;fsavings,or some other account). This Includes all accounts Guarantor holds jointly with someone else and all accounts Guarantor may open4n 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 authorizes Lender,to the extent permitted by applicable law,to hold these funds If there Is a default,and Lender may apply the funds.In these accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that the Indebtedness,whether now existing or hereafter created,shall be sifferior to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes insolvent, Guarani&hereby expressly subordinates any claim Guarantor may have against Borrower,upon any account whatsoever,to any claim that Lander may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruplcy";_,by an assignment for the benefit of creditors,by voluntary liquidation,or otherwise,the assets of Borrower applicable to the payment of Ihd'claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lander to the Indebtedness. Guarantor does he?bby assign to Lender all claims which It may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower;provided however,that such assignment shall be effective only for the purpose of assuring to Lander full payment in legal lender of the(ridebledness. If Lender so requests,any notes or credit agreements now or hereafter evidencing any debts or obligations of Borrower to Guarantor shall be marked with a legend that the same are subject to this Guaranty and shall be delivered to Lender. Guarantor agrees,and Lender'ls hereby authorized,in the name of Guarantor,from time to time to file financing statements and continuation statements and to execute documents and to lake 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.'�Thls Guaranty,together with any Related Documents,constitutes the entire understanding and agreement of the parties as to the matler�set forth in this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the'party or parties sought to be charged or bound by the alteration or amendment. Attorneys'Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, Including Lender's reasonable attorneys'fees and Lender's legal expenses, incurred In connection with the enforcement of this Guaranty. Lender may hire or pay someone else to help enforce this Guaranty,and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses include Lender"s reasonable attorneys'fees and legal expenses whether or not there is a lawsuit,Including reasonable attorneys'fees and legal expenseg for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated poll-judgment collection services. Guarantor also shall pay all court costs and such additional fees as may be directed by the court. Caption Headipps. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of - Ihls Guaranty. Governing Law: This Guaranty will be governed by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. .': Choice of Venue. If there Is a lawsuit,Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of Cumberland County,Commonwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity to'be advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantor's Intentions and 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'fees)suffered or Incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interpretation..In all cases where[here is more than one Borrower or Guarantor,then all words used In this Guaranty in the singular shall be deemed to have been used In the plural where the context and construction so require;and where there is more than one Borrower named In IhIs;;Guaranty or when this Guaranty is executed by more than one Guarantor, the words "Borrower" and "Guarantor" respectively shall mean all and any one or more of them. The words"Guarantor,""Borrower,"and"Lender"include the heirs,successors, assigns,and transferees of each of them. It a court finds that any provision of this Guaranty is not valid or should not be enforced,that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore,a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies,or similar entitles,it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or purporting to act on their behalf,anti any indebtedness made or created In reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing,and, except for revocation notices by Guarantor, shall be effective when actually delivered,when actually received by lelefacsimile(unless otherwise required by law),when deposited with a nationally recognized overnight courier,or,if mailed,when deposited in the United Slates mall,es first class,certified or registered mail postage prepaid,directed to the addresses shown near the beginning of[his Guaranty, All revocation notices by Guarantor shall be In writing and shall be effective upon delivery to Lender as provided In the section of this Guaranty entitled"DURATION OF GUARANTY.' Any party may change Its address for notices under this Guaranty by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's address. For notice purposes,Guarantor agrees to keep:Lender informed at all limes 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 all Guarantors. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver Is given in writing and signed by Lender. No delay or omission on the part of Lander in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dealing between Lender and Guarantor,shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Guaranty,the granling of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent Is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's heirs, personal S COMMERCIAL GUARANTY Loan No: (Continued) Page 3 representatives;.successors,and assigns,and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any jury Mal In any action,proceeding,or counterclaim brought by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically staled to the contrary,all references to dollar amounts shall mean amounts in lawful money of the United Stales of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular,as the context may require. Words and terms not otherwise defined in this Guaranty shell have the meanings attributed to such terms In the Uniform Commercial Code: Borrower. The word"Borrower"means Strickland Brothers Construction,LLC and Includes all co-signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word"Guarantor`means everyone signing this Guaranty,Including without limitation M.Jeffrey Strickland,and in each case,any signer's successors and assigns. Guaranty. The word"Guaranty"means this guaranty from Guarantor to Lender. Indebtedness. The word"Indebtedness"moans Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word"Lender"means Farmers and Merchants Trust Company of Chambersburg,its successors and assigns. Note. The word 'Note"means and Includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations In favor of Lender,together with all renewals of,extensions of,modifications of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Documents. The words"Related Documents"mean all promissory notes, credit agreements, ban agreements, environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and all other instruments, agreements and documents,whether now or hereafter existing,executed In connection with the indebtedness. CONFESSION OF 'JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA,OR ELSEWHERE,TO APPEAR AT ANY TIME FOR GUARANTOR AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED,CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST.LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCt AND ACCRUED INTEREST FOR COLLECTION,BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY:AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY, GUARANTOR HERBY 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. The lien arising from any judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Guarantors residential reel properly as that term is defined In the Pennsylvania Act of January 30,1974(Pa,Laws 13,No.6),referred to as the Loan Interest and Protection Law,as amended,and the holder of any judgment confessed or entered pursuant to the forgoing authority shall not,in enforcement of any such judgment,execute,levy or otherwise proceed against any such residential real property;provided,however,that the lion of such judgment shall extend to such residential real properly and that the holder thereof shall be permitted to execute,levy or proceed against such residential real property from and after the entry of a judgment as contemplated by Section 407 or such Loan Interest and Protection Law and Rules 2981 to 2966 of the Pennsytva6ia Rules of Civil Procedure,or successor or similar statutes and rules. No Ilmitation of lien or any execution,levy or other enforcement contained In the Immediately preceding sentence shall apply with respect to any judgment obtained other than by the foregoing authority to confess or enter judgment. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION,EACH GUARANTOR UNDERSTAND$THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS;GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MAY 15,2014. THIS GUARANTY IS.GIV . UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSI�RU N7 ACCORDING TO LAW. GUARA T X Soaf) M.Jo troy k;nd "I"•e.,.",.w c.,,..+er„s...•<,nr.m. a•m.,,.,.,..• .v.ounanre m.,.m v.v rt. EXHIBIT L COMMERCIAL GUARANTY Prfnclpal Loan Date Maturity, Loan No.• call4coll - Accoant Officer .Impale RKD References in Ihe'boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item. An ilem above conlainin "' has been omitted due to text length limitations. Borrower: Strickland Brothers Construction,LLC Lender: Farmers and Merchants Trust Company of 69D Creek Road Chambersburg Carlisle,PA 17013 Carlisle Crossing Community Office 214A Westminster Drive Carlisle,PA 17013 Guarantor: Matthew G.Strickland 1 t Prickly Poor Drive Carlisle,PA 17013 CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For goad and valuable consideration,Guarantor absolutely and unconditionally guarantees full and"punctual payment and satisfaction of the Indebtedness of Borrower to Lender,and the performance and discharge of all Borrower's obligations under the Nola and the Related Documents, This Is a guaranty of payment and performance and not of collection,so Lender can enforce[his Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness of against any collateral securing the Indebtedness,this Guaranty or any other guaranty of the Indebtedness. Guarantor will make any payments to Lender or Its order,an demand,in legal[ender of the United Stales of America.In same-day funds,without set-off of deduction or counterclaim,and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is unlimited and Guarantor's obligations are continuing. INDEBTEDNESS, T a 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 casts and legal expenses related[hereto permitted by law,reasonable attorneys'fees,art ng from any and all debts,liabilities and obligations of every nature or form,now existing or hereafter arising or acquired, [hal Borrower indivic)ually or collectively or interchangeably with others,owes or will owe Lender."Indebtedness"includes,without limitation, loans,advances, debts,overdraft indebtedness,credit card Indebtedness,lease obligations,liabilities and obligations under any interest rale protection agreemepts or foreign currency exchange agreements or commodity price protection agreements,other obligations,and liabilities of Borrower,and any$,resent or future judgments against Borrower,future advances,bans or transactions that renew,extend,modify,refinance• consolidate or subslilule these debts, liabilities and obligations whether:voluntarily or involuntarily Incurred;due or to become due by their terms or accelerallon;absolute or contingent;liquidated or unliquidated;determined or undetermined;direct or indirect;primary or secondary In nature or arising flim a guaranty or surely; secured or unsecured; joint or several or joint and several; evidenced by a negotiable or non-negoliable Instrument or writing; originated by Lender or another or others:barred or unenforceable against Borrower lot any reason whatsoever;for any,transactions that may be voidable for any reason(such as infancy,Insanity,ultra vires or otherwise);and originated then reduced or extinguished and then afterwards increased or reinstated. If Lander presently'holds one or more guaranties,or hereafter receives additional guaranties from Guarantor,Lender's rights under all guaranties shall be cumulative: This Guaranty shall not(unless specifically provided below to the contrary)affect or Invalidate any such other guaranties. Guarantor's liabililyiwlll be Guarantor's aggregate liability under the terms of this Guaranty and any such other unterminated guaranties. CONTINUING GUARANTY, THIS IS A'CONTINUING GUARANTY"UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT, PERFORMANCE AND SATISFACTION OF THE INDEBTEDNESS OF BORROWER TO LENDER, NOW EXISTING OR HEREAFTER ARISING OR ACQUIRED, ON AN OPEN AND CONTINUING BASIS. ACCORDINGLY, ANY PAYMENTS MADE ON THE INDEBTEDNESS WILL NOT DISCHARGE OR DIMINISH GUARANTOR'S OBLIGATIONS AND LIABILITY UNDER THIS GUARANTY FOR ANY REMAINING AND SUCCEEDING INDEBTEDNESS EVEN WHEN ALL OR PART OF THE OUTSTANDING INDEBTEDNESS MAY BE A ZERO BALANCE FROM TIME TO TIME. DURATION OF GU�RANTY. This Guaranty will lake effect when received by Lender without the necessity of any acceptance by Lender,or any notice to Guarantor:or to Borrower,and will continue In lull force until all the Indebtedness Incurred or contracted before receipt by Lender of any notice of revocalion shall have been fully and finally paid and satisfied and all of Guarantor's other obligations under this Guaranty shall have been performed in:Aull. If Guarantor elects to revoke this Guaranty,Guarantor may only do so In writing. Guarantor's written notice of revocation must bef mailed to Lender,by certified mall,at Lender's address listed above or such other place as Lender may designate In writing. Written revocation of this Guaranty will apply only to new Indebtedness created after actual receipt by Lender of Guarantor's written revocation. For this purpose end 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[hat became binding before revocation;any renewals,extensions,substitutions,and modifications of the Indebtedness.'rThis Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or Incapacity,regardless of Lender's actual notice of Guarantor's death. Subject to the foregoing,Guarantor's executor or administrator or other legal reprosenlative,may terminale 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 shell not affect the liability of Guarantor under[his Guaranty. A revocation Lender receives from any one of more Guarantors shall not affect the liability of any remaining Guarantors under[his Guaranty. It Is anilcipaled that fluctuations may occur In the aggregate amount of the Indebtedness covered by this Guaranty,and Guarantor specifically acknovijedpes and agrees that reductions In the amount of the Indebtedness,oven to zero dollars(=0.00),shall not constitute a termination of this:Guaranty. This Guaranty Is binding upon Guarantor and Guarantors heirs,successors and assigns so long as any of the Indebtedness remains unpaid and even though the Indebtedness may from time to time be zero dollars($0.00). GUARANTOR'S AUTHORIZATION TO LENDER, Guarantor authorizes Lender,either before or after any revocation hereof,without notice or demand and without lessoning Guarantors liability under this Guaranty,from time to time: (A) prior to revocation as set forth above,to make one or more addilional secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to extend additional credit to Porrower; (B) to eller,compromise,renew,extend,accelerate,or otherwise change one or more limes the time for payment or other terms of the Indebtedness or any part of the Indebtedness, including Increases and decreases of the rale of Interest on the Indebtedness;extensions may be repealed and may be for longer than the original loan term; (C) to lake and hold security for the payment of [his Guaranty or the Indebtedness,and exchange,enforce,waive,subordinate,fail or decide not to perfect,and release any such security,with or without the substitution of now collateral; (D) to release,subslilule,agree not to sue,or deal with any one or more o1 Borrowers sureties, endorsers,or other guarantors on any terms or in any manner Lender may choose; (E) to determine how,when and what application of payments and credits shall be made on the Indebtedness: (F) to apply such security and direct the order or manner of sale thereof.Including without limitation,any nonjudlcial sale permitted by the terms of the controlling security agreement or deed of trust,as Lender in its discretion may determine; (G) to sell,transfer,assign or grant participations In all or any part of the Indebtedness;and (H) to assign or transfer this Guaranty In whole.6r in part. GUARANTOR'S R&RESENTATIONS AND WARRANTIES. Guarantor represents and warrents to Lender that (A) no representations or agreements of any'kind have been made to Guarantor which would limit or qualify in any way the[arms of this Guaranty; (B) this Guaranty is executed at Borrower's request and not at the request of Lender; (C) Guarantor has full power,right and authority to enter Into this Guaranty; (D) the provisions'of this Guaranty do not conflict with or result in a default under any agreement or other Instrument binding upon Guarantor and do not result ih a violation of any law,regulation,court decree or order applicable to Guarantor; (E) Guarantor has not and will not,without the prior written cconsent of Lender,sell, lease, assign,encumber,hypothecate, transfer,or otherwise dispose of all or substantially all of Guarantor's assets'or any Interest therein; (F) upon Lenders request,Guarantor will provide to Lender financial and credit information in form acceptable to Lender,and all such financial information which currently has been,and an future financial information which will be provided to Lender is and will.be true and correct In all material respects and fairly present Guarantors financial condition as of the dates the financial information is provided: (G) no material adverse change has occurred in Guarantors financial condition since the dale of the most recent financial sla[emenis provided to Lender and no event has occurred which may materially adversely affect Guarantors financial condition; (H) no litigation,clalmj investigation,administrative proceeding or similar action(Including those for unpaid taxes)against Guarantor Is pending or threatened; (1) Lender has made no representation to Guarantor as to the credilwonhiness of Borrower;and (J) Guarantor has established adequate means ol.obtaining from Borrower on a continuing basis information regarding Borrower's Menial condition. Guarantor agrees to koop adequately friformod from such moans of ony'facts,events,of circumstances which might In ony way affect Guarantors risks under this G4aranly,and Guaronlor 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. GUARANTOR'S WAIVERS. Except as prohibited by applicable law,Guarantor waives any right to require Lender (A) to continue lending money or to ex[unb other credit to Borrower; (B) to make any presentment.protest,demand,or notice of any kind.Including notice of any nonpayment of Ihu'[ndebtedness or of any nonpayment totaled to any collateral,of notice of any action of nonaction on the part of Borrowor, Lender,any surety,endorser,or other guarantor In connection with the Indebtedness of in conneclion with the creation of new or additional loans or obligallon4; (C) to fesarl for payment or to proceed directly or at once against any person,Including Borrower or ony other guarantor; COMMERCIAL GUARANTY Loan No: (Continued) Page 2 (D) to proceed directly against or exhaust any collateral held by Lender from Borrower,any other guarantor,or any other person; (E) to give notice or the lerms;`Iime,and place of any public or private sale of personal properly security held by Lender from Borrower or lO comply with any other epplicable'provislons of the Uniform Commercial Code; (F) to pursue any other remedy within Lender's power;or (G) to commit any act Or omission of any kind,or at any lime,with respect to any matter whatsoever. Guarantor also wolves any and all rights or defenses based on suretyship or Impairment of collateral Including,but not limited to,any rights or defenses arising by reason of (A) any'one action"or"anll-delictency"law or any other law which may prevent Lender from bringing any action,Including a claim for deficiency,against Gus rentor, 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 subrogallon rights or Guarantor's rights to proceed against Borrower for reimbursement.Including without limitation,any loss of rights Guarantor may suffer by reason of any law limiting,qualifying,or discharging the Indebtedness; (C) any disability or other defense of Borrower,of any other guarantor,or of any other person,or by reason of the cessation of Borrower's liability from any cause whatsoever,other [hen payment in full In legal tender,of the Indebtedness; (0) any right 10 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 lime any action or suit brought by Lender against Guarantor is commenced,[here Is outstanding Indebtedness which Is not barred by any applicable statute or limitations;or (F) any defenses given to guarantors:el law or In equity other than actual payment and performance of the Indebtedness. If payment is made by Borrower, whether volunlarfly'or otherwise,or by any third party,on the Indebtedness and thereafter Lender Is forced to remit the emounl of that payment lO Borrower's trustee In bankruptcy or to any similar parson under any federal or slate 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 asset[or claim at any lime any deductions to the amount guaranteed under this Guaranty lot any claim Of salol(, counterclaim,counter demand,recoupment or similar right,whether such claim, demand or right may be asserted by the Borrower,the Guarantor,or both. GUARANTOR'S UNDERSTANDING WITH RESPECT TO WAIVERS. Guarantor warrants and agrees that each of the waivers set forth above Is made with Guarenlors full knowledge of IIs significance and consequences and that,under the circumstances,the waivers are reasonable and not contrary to public policy or law. If any such waiver is determined to be contrary to any applicable law of public policy,such waiver shell be effective only to the extent permitted by law or public policy. RIGHT OF SETOFF.: To the extent permitted by app"cablo low, Lender reserves a right of setoff in all Guarantor's accounts with Lender (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 authorizes Lender,to the exlenl permitted by applicable law,to hold these funds If there Is a default,and Lender may apply the funds�ln these Accounts to pay what Guarantor owes under the terms of this Guaranty. SUBORDINATION OF BORROWER'S DEBTS TO GUARANTOR. Guarantor agrees that[he Indebtedness,whether now existing or hereafter created,shall be su{{��Adot to any claim that Guarantor may now have or hereafter acquire against Borrower,whether or not Borrower becomes Insolvent. Guarenlbr hereby expressly subordinates any claim Guarantor may have against Borrower,upon any account whatsoever,to any claim that Londar rrisy now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruplcy,'.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 shell be paid to Lender and shall be first applied by Lender to [he Indebtedness. Guarantor does hereby assign to Lender all claims which It may have or acquire against Borrower of against any assignee or trustee in bankruptcy of Borrower;provided however,that such assignment shag be effective only for the purpose of assudng to Lender full payment in legal lender of the Indebtedness. If Lender so requests,any notes or credo agreements now or hereafter evidencing any debts or obligations of Borrower to Guaraglor shag be marked with a legend that the some are subject[o this Guaranty and shall be delivered to Lender. Guarantor agrees,and Londer";is hereby authorized,in the name of Guarantor,from lime to lime to file financing statements and continuation statements and to execute documents and to lake such other actions as Lender deems necessary or appropriate to perfect,preserve and enforce its rights under[his Guaranty, MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments.��Thts Guaranty,together with any Related Documents,constitutes the'entire understanding and agreement of the parties as to themalter0'sel forth In this Guaranty. No alteration of or amendment to this Guaranty shall be effective unless given in writing and signed by the[)arty or parties sought to be charged or bound by the alteration or amendment. Attorneys' Fees; Expenses. Guarantor agrees to pay upon demand all of Lender's costs and expenses, including Lender's reasonable attorneys'feet,and Lender's legal expenses, Incurred in connection with the enforcement of this Guaranty. Lender may hire or pay someone also[o help enforce this Guaranty,and Guarantor shall pay the costs and expenses of such enforcement. Costs and expenses Include Lenders reasonable attorneys'fees and legal expenses whether or not there is a lawsuit,Including reasonable attorneys'fees and legal expenses.for bankruptcy proceedings(including efforls to modify or vacate any automatic slay or Injunction), appeals, and any anticipated po'l1-Judgment collection services. Guarantor also shell pay all court costs and such additional fees as may be directed by the court. .Y; Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to Interpret or define the provisions of this Guaranty. Governing Law This Guaranty will be governed by federal low applicable to Lender and,to the extent not preempted by federal low,the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. Choice of VenUo. If there Is a lawsuit,Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts Of Cumberland County,Comriionwealth of Pennsylvania. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty;Guarantor has had the opportunity lobe advised by Guarantor's attorney with respect to this Guaranty;the Guaranty fully reflects Guarantors Intentions and parol evidence is ndl required to Interpret the terms of[his Guaranty. Guarantor hereby Indemnifies and holds Lender harmless from all losses, claims,damages,and costs(including Lender's attorneys'fees)suffered or incurred by Lender as a result of any breach by Guarantor of the warranties,representations and agreements of this paragraph. Interprelaaon.'in all cases where(here Is more than one Borrower or Guarantor,then all words used In this Guaranty in the singular shall be deemed to.have been used In the plural where the context and construction so require;and where there is more than one Borrower named in this Guaranty or when this Guaranty Is executed by more than one Guarantor, the words "Borrower" and 'Guarantor' respectively shall mean all and any one or more of them. The words"Guarantor,""Borrower,"and'Lender"include the heirs,successors, assigns,and transferees of each of them. If a court finds that any provision Of this Guaranty Is not valid or should not be enforced,[bat fact by itself will not mean Thal the rest of this Guaranty will not be valid or enforced. Therefore,a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be Invalid or unenforceable. If any one or more of Borrower or Guarantor are corporations,partnerships,limited liability companies,or similar entities,it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers,directors,partners,managers,or other agents acting or purporting to act on their behalf,epd any Indebtedness made or created In reliance upon the professed exerclse of such powers shell be guaranteed under this Guaranty. Notices. Unless otherwise provided by applicable law,any notice required to be given under this Guaranty shall be given in writing,and, except for lion notices Guarantor, shell otherwise required a effective when actually delivered,when actually received by lelefacsimile (unless d by few),whea n deposited with a nationally recognized overnight courier,or,if mailed.when deposited in the United Stales mall,As first class,certified or registered mall postage prepaid,directed to(he addresses shown near the beginning of this Guaranty. All fev9t81lOn1%oficea by Guarantor shag be in writing and shall be effective upon dolivory to Lender as provided In the section of this Guaranty enliffed'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 le to change the party's address. For notice purposes,Guarantor agrees to keep:Londer informed at all limes of GUarantas current address. Unless otherwise provided by applicable law, than one Guariinlor,any notice given by Londm 1r'there is more to any GUafanlOr Is doemod to be notice given to all Guarantors. No Waiver by Lender. Lender shall not be doemod td hove waived any rights under this Guaranty unless such waiver is gluon in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other light. A wsivor by Lundor or a provision of this Guaranty shall not prejudice or constitute a waiver of Londees right otherwise to demand stfict comp"..%.with thAl provision or any other provision of this Guaranty. No prior waiver by Lender,nor any course of dealing botween Lender and Guarantor,shall constitute a waiver of any of Londoes rights or of any of Guarantor's obligations as to any future transactions. Whenever the Eonsont of Lendor fo required under this Guaranty,the gmnling of such consent by Lender In any Instnnco shall not constitute continuing co{senl to subsequent instances where such consent is required and in all cases such consent may be granted or withhold In Ilio sole discrgwn of Lender. Suceossors and Assigns. The terms of this Guaranty shall be binding upon Guarantor, and upon Guarantor's halts, petsonil COMMERCIAL GUARANTY Loan No: (Continued) Page 3 representatives, .1 successors,and assigns,and shall be enforceable by Lender and its successors and assigns. Waive Jury. Lender and Guarantor hereby waive the right to any Jury trial In any action,Proceeding,or counterclaim brought by either Lender or Guarantor against the other. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used In this Guaranty. Unless specifically staled to the contrary ,all references to dollar amounts shall mean amounts in lawful money of the United Slates of America. Words end terms used in the singular shall include the plural,and the plural shall Include the singular,as the context may require. Words and terms not otherwise defined in This Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word"Borrower'means Strickland Brothers Construction,LLC and includes alt co-signers and co-makers signing the Note and all their successors and assigns. Guarantor. The word"Guarantor"means everyone signing this Guaranty,including without limitation Matthew G.Strickland,and in each case,any signer's successors and assigns. Guaranty. The word"Guaranty'means[his guaranty from Guarantor to Lender. Indebtedness.The word"Indebtedness"means Borrower's Indebtedness to Lender as more particularly described in this Guaranty. Lender. The word"Lender"means Farmers and Merchants Trust Company of Chambersburg,its successors and assigns. Note. The word "Note"means and Includes without limitation all of Borrower's promissory nates and/or credit agreements evidencing Borrower's loan obligations In favor of Lender,together with all renewals of,extensions of,modifications Of,refinancings of,consolidations of and substitutions for promissory notes or credit agreements. Related Docuroents. The words "Related Documents"mean all promissory notes, credit agreements, loan agreements,environmental agreements,guarantles,security agreements,mortgages,deeds of trust.security deeds,collateral mortgages,and all other instruments, agreements and documents,whether now or hereafter existing,executed In connection with the Indebtedness. CONFESSION OF'JUDGMENT. GUARANTOR HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA,OR ELSEWHERE,TO APPEAR AT ANY TIME FOR GUARANTOR-AFTER THE AMOUNTS HEREUNDER BECOME DUE AND WITH OR WITHOUT COMPLAINT FILED,CONFESS OR ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THE INDEBTEDNESS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION.BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY;AND FOR SO DOING,THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS GUARANTY. GUARANTOR HERE6Y 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. The lien arising from any Judgment confessed or entered pursuant to the foregoing authority shall not extend to any of Guarantors residential real properly as that term is defined in the Pennsylvania Act of January 30,1974(Pa.Laws 13,No,6),referred 10 as the Loan Interest and Protection Law,as.amended,and the holder of any Judgment confessed or entered pursuant to the forgoing authority shell not,in enforcement of any such Judgment,execute,levy or otherwise proceed against any such residential real properly:provided,however,that the lien of such Judgment shall extend to such residential real properly and that the holder thereof shall be permitted to execute,levy or proceed against such residential real property from and offer the entry of a judgment as conlomplaled by Section 407 of such Loan Interest and Protection Law and Rules 2981 to 2986 of the Pennsylvania Rules of Civil Procedure,or successor or similar statutes and rules. No limitation of lien or any execution,levy or other enforcement contained In the Immediately preceding sentence shall apply with respect to any Judgment obtained other then by the foregoing authority to confess or enter judgment. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS. IN ADDITION,EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN.THE SECTION TITLED"DURATION OF GUARANTY". NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE. THIS GUARANTY IS DATED MAY 15,2014. THIS GUARANTY 19,GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS GUARANTY IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GUARANTOR: — --- XSoalj Matthew G.Strickland 41 '.ervam,..ae v..,.,over ;o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff, NO.: VS. STRICKLAND BROTHERS CONSTRUCTION, LLC,a Pennsylvania Company, M. JEFFREY STRICKLAND,an individual,and MATTHEW G. STRICKLAND., an individual, Defendant d VERIFICATION William A. Pr or, Vice President,and duly authorized representatives of Farmers and Merchants Trust Company of Chambersburg, deposes and says subject to the penalties of 18 Pa. C.S.A. 3 §4904 relatingi,to unsworn falsification to authorities that the facts set forth in the foregoing pleading are tnje and correct to his information and belief Dater IN 4. William A. Prior Vice President Y i, u t y �4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG i Nr. t. Plaintiff NO.: Q9�G1 t�-'v a�► .mac, : ZCt`'+ STRICKLAND BROTHERS CONSTRUCTION, w LLC, a Pennsylvania Company, M. JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Darrell C. Dethlefs, Esquire, attorney for and authorized representative of Plaintiff, Farmers and Merchants Trust Company of Chambersburg,hereby certify, subject to the penalties of 18 Pa. C.S.A. §4904,that the Defendant, is not in the military service of the United States of America to the best of my knowledge, information and belief. Da C. Dethlefs, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS �t11 to day of October, 2014 Notary Pu is My commission expires: COMMONWEALTH OF PENNSYLVANi,. NOTARIALSEAL Kathryn S.Fogle.Notary Public Camp Hill Boro.C urnberluM County August 13,201 G My commission expires IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG : cl� : !1 Plaintiff NO.: Iq— 7 rriM p vs. 2r- ~'� �"t 1, '23�Y STRICKLAND BROTHERS CONSTRUCTION, o LLC, a Pennsylvania Company, M. JEFFREY z STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant CERTIFICATION OF ADDRESS I hereby certify that the addresses of the parties in the above action are as follows: Address of Plaintiff: 20 South Main Street, Chambersburg, PA 17201 Address of Defendant: Strickland Brothers Construction, LLC 690 Creek Road, Carlisle, PA 17013 M. Jeffrey Strickland, 690 Creek Road, Carlisle, PA 17013 Matthew G. Strickland, 11 Prickly Pear Drive, Carlisle, PA 17013 Dethlefs-Pyko Law Gr up, LLC By: Darrel C. lefs, Esquire PA ID: 58805 Attorney for Plaintiff 2132 Market Street Camp Hill,PA 17011 717-975-9446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: VS. STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant CONFESSED JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: STRICKLAND BROTHERS CONSTRUCTION,LLC: Please be advised that, pursuant to Pa. R.C.P. 236, you are hereby notified that, a judgment in the amount of$707,229.82 with interest from the date of the filing of this action, on the total of($631,569.81), at the simple rate of 4.500%per year, which computes to a current per diem of$78.95 per day has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone: 717-249-3166 Toll Free(in PA): 1-800-990-9108 G Date: ( BY: Darrell C. Dethlefs,Esquire Attorney Id.No.: 58805 2132 Market Street Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: vs. STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant CONFESSED JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: M.JEFFREY STRICKLAND: Please be advised that,pursuant to Pa. R.C.P. 236, you are hereby notified that, a judgment in the amount of$707,229.82 with interest from the date of the filing of this action, on the total of($631,569.81), at the simple rate of 4.500%per year, which computes to a current per diem of$78.95 per day has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone: 717-249-3166 Toll Free(in PA): 1-800-990-91 Date: t Ll BY: Darrell C. Dethlefs, Esquire Attorney Id.No.: 58805 2132 Market Street Camp Hill,PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: VS. STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant CONFESSED JUDGMENT NOTICE OF DEFENDANT'S RIGHTS TO: MATTHEW G. STRICKLAND: Please be advised that, pursuant to Pa. R.C.P. 236, you are hereby notified that, a judgment in the amount of$707,229.82 with interest from the date of the filing of this action, on the total of($631,569.81), at the simple rate of 4.500%per year, which computes to a current per diem of$78.95 per day has been entered against you and in favor of the Plaintiff without any prior notice or hearing based on a confession of judgment contained in a written agreement or other paper allegedly signed by you. The sheriff may take your money or other property to pay the judgment at any time after thirty (30) days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your money or property from being taken. YOU MUST FILE A PETITION SEEKING RELIEF THE JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY(30)DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 Telephone: 717-249-3166 Toll Free(in PA): 1-800-990- 08 Date: BY: Darrell C. Dethlefs,Esquire Attorney Id.No.: 58805 2132 Market Street Camp Hill,PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: C/ q STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M.JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant NOTICE OF ORDER, DECREE OR JUDGMENT TO: Defendant—STRICKLAND BROTHERS CONSTRUCTION, LLC You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on toll$ / ( ) A Copy of the Order or Decree is as follows: Or (X) The Judgment is as follows: $ 707,229.82 plus interest on the principal sum($631,569.81) from September 30, 2014, at the contractual rate, plus additional late charges and additional attorneys' fees and costs. JoR42 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: vs. l STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M.JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant NOTICE OF ORDER,DECREE OR JUDGMENT TO: Defendant—MATTHEW G. STRICKLAND You are hereby notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on /0 $/ ( ) A Copy of the Order or Decree is as follows: Or (X) The Judgment is as follows: $707,229.82 plus interest on the principal sum ($631,569.81) from September 30, 2014, at the contractual rate,plus additional late charges and additional attorneys' fees and costs. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: VS. STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFREY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual, Defendant NOTICE OF ORDER, DECREE OR JUDGMENT TO: Defendant—M. JEFFREY STRICKLAND You are hereby notified that 4n Qrder, Decree or Judgment was entered in the above-captioned proceeding on D l y T ( ) A Copy of the Order or Decree is as follows: Or (X) The Judgment is as follows: $707,229.82 plus interest on the principal sum ($631,569.81) from September 30, 2014, at the contractual rate,plus additional late charges and additional attorneys' fees and costs. a Prothonotary Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY !LED -OF F ot ruir, •'THE ERCT HONG -t Ai 2014 OCT 21 PM 2: 59 OP OF THE, RIFF CUMBERLAND COUNTY PENNSYLVANIA Farmer's and Merchants Trust Company of Chambersburg Case Number VS. Matthew G Strickland (et al.) 2014-5990 SHERIFF'S RETURN OF SERVICE 10/13/2014 01:00 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint in Confession of Judgment by handing a true copy to a person repres- g the selves to be M. Jeffrey Strickland, Co -Owner, who accepted as "Adult Person in Charge" for . .sand others Construction, LLC at 736 Macarthur Drive, North Middleton, Carlisle, PA 17013. 10/13/2014 01:00 PM - Deputy Shawn Harrison, being duly sworn according to law in Confession of Judgment by "personally" handing a true copy to a p be the Defendant, to wit: M Jeffrey Strickland at 736 Macarthur Dr, Ca d th , DEPUTY quested Complaint ting themselves to 3. HAWN HARRISON, DEPUTY 10/13/2014 03:01 PM - Deputy Shawn Harrison, being duly sworn according to law, served the re•uested Complaint in Confession of Judgment by "personally" handing a true copy to a person represe� g themselves to be the Defendant, to wit: Matthew G Strickland at 11 Prickly Pear Drive, 4�'j Midd - • , Carlisle, PA 17013. SH i*71' AR- ISON, DEPUTY SHERIFF COST: $74.05 SO ANSWERS, October 15, 2014 RONNY R ANDERSON, SHERIFF (C) C ountySuite Sheriff, Teleoscfk Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: 14-5990 Civil vs. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW G. : STRICKLAND, an individual Defendants PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue writ of execution in the above matter, 1) directed to the sheriff of Cumberland County; 2) against Strickland Brothers Construction, LLC, M. Jeffery Strickland, and Matthew G. Strickland, Defendants; 3) and enter this writ in judgment index a) against Strickland Brothers Construction, LLC, M. Jeffery Strickland and Matthew G. Strickland, Defendants, as a levy against any and all real property of the Defendants, including, but not limited to: i. The property known as 7 Netherby Lane, South Middleton Township, with a Property Identification Number of 40-10-0636-500. ii. The property known as Lot 54, Keswick Lane, South Middleton Township, with a Property Identification Number of 40-10-0636-494. iii. The property known as 629 Creek Road, Carlisle, Pennsylvania, with a Property Identification. Number of 29-06-0021-155 b) , 'nst Strickland Brothers Construction, LLC, D - : • , as a levy against any an. 1 personal property of the D - . ant. c) against M. Je : • Stricklan. : - endant, as a levy against any and all personal property o > - 1 efendant. d) against ew G. Strickla ., Defendant, as a levy against any and all onal property of the Defendant. 2 2. 9 4) Amount due: $707,299.82, with interest on the principal sum ($631,569.81) from September 30, 2014 at the contractual rate, plus costs. Date: e#- irle4 P*31086 Pg WO- of ec issoed Respec y submitted, Darrell Dethlefs, Esq. Dethlefs Pykosh Shook & Murphy 2132 Market St, Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No, 58805 4- .2., is b,e (.4-1' THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Vs. NO 14-5990 Civil Term CIVIL ACTION — LAW STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFERY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual . WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $707,229.83 L.L.: $.50 Interest on the principal sum (631, 569.81) from September 30, 2014 at the contractual rate Atty's Comm: Atty Paid: $148.55 Plaintiff Paid: Date: 12/5/2014 (Seal) REQUESTING PARTY: Name: Darrell C. Dethlefs, Esq. Address: 2132 Market Street Camp Hill, PA 17011 Attorney for: Plaintiff Telephone: 717-975-9446 Supreme Court ID No. 58805 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff V.S. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW : G. STRICKLAND, an individual Defendants CIVIL DIVISION NO.: 14-5990 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 r r.: 7ir N) Farmers and Merchants Trust Company of Chambersburg, plaintiff in the above action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 7 Netherby Lane, South Middleton Township, the property known as Lot 54, Keswick Lane, South Middleton Township, and the property known as 629 Creek Road, Carlisle, PA 17013, as described more fully in the descriptions attached as Exhibit A. 1. Name and address of owners or reputed owners: NAME ADDRESS Strickland Brothers Construction, LLC 736 MacArthur Drive, Carlisle, PA 17013 Matthew G. Strickland 11 Prickly Pear Drive, Carlisle, PA 17013 M. Jeffery Strickland 736 MacArthur Drive, Carlisle, PA 17013 —r1 cfl C-) 2. Name and address of defendants in the judgment: NAME ADDRESS Strickland Brothers Construction, LLC 736 MacArthur Drive, Carlisle, PA 17013 Matthew G. Strickland 11 Prickly Pear Drive, Carlisle, PA 17013 M. Jeffery Strickland 736 MacArthur Drive, Carlisle, PA 17013 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NAME ADDRESS Farmers and Merchants Trust Company of Chambersburg 20 South Main Street Chambersburg, PA 17201 4. Name and address of the last recorded holder of every mortgage of record: NAME ADDRESS Farmers and Merchants Trust Company of Chambersburg 20 South Main Street Chambersburg, PA 17201 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property that may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE PO Box 2675 Harrisburg, PA 17105 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 N. Hanover Street P.O. Box 320 Carlisle, PA 17013 TENANT/OCCUPANT 7 Netherby Lane Carlisle, PA 17015 Lot 54 Keswick Lane Carlisle, PA 17015 629 Creek Road Carlisle, PA 17013 COMMONWEALTH OF• PENNSYLVANIA, BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION 6TH Floor, Strawberry Sq. Dept. 28061 Harrisburg, PA 17128 INTERNAL REVENUE SERVICE 1000 Liberty Avenue Pittsburgh, PA 15222 DEPARTMENT OF PUBLIC WELFARE WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO Box 8486, Willow Oak Building Harrisburg, PA 17105 CUMBERLAND COUNTY TAX CLAIM BUREAU 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 SOUTH MIDDLETON TOWNSHIP 520 Park Drive Boiling Springs, PA 17007 NORTH MIDDLETON TOWNSHIP 2051 Spring Road Carlisle, PA 17013 INTERNAL REVENUE SERVICE TECHNICAL SUPPORT GROUP ADVISORY GROUP, 3 William Green Federal Building 600 Arch Street, Room 3259 Philadelphia, PA 19106 DEPARTMENT OF REVENUE BUREAU OF CORPORATION TAXES P.O. Box 280427 Harrisburg, PA 17128-0407 ATTORNEY GENERAL OF U.S. U.S. Dept. of Justice, Rm 511 Main Justice Bldg. 10th & Constitution Avenue, N.W. Washington DC 20531 UNITED STATES OF AMERICA U.S. DEPARTMENT OF JUSTICE 200 Chestnut Street Philadelphia, PA 19106 CUMBERLAND COUNTY ADULT PROBATION 4 East Liberty Avenue Carlisle, PA 17013 verify that the statements made in this affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: (('\ I ( Darrelethlefs, Esq. of North 47 degrees 40 minutes 10 seconds East 28.28 feet to a point on the right-of-way line of said Waverly Lane; thence along the right-of-way of said Waverly Lane, South 87 degrees 19 minutes 50 seconds East 105.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 54 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby — and containing 20,789.2 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl by their Deed dated December 4, 2009, and recorded December 10, 2009, in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed unto Raymond E. Diehl and Donald E. Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-494 SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two — The Plan of Netherby prepared by Dawood Associates dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Netherby Lane (50' ROW) at the northwestern corner of Lot No. 74 on the above -referenced Plan; thence along said Lot No. 74, South 13 degrees 51 minutes 17 seconds West 173.96 feet to a point; thence along Lot No. 83, on the above -referenced Plan North 83 degrees 52 minutes 06 seconds West 75.17 feet to a point; thence along Lot No. 76, on the above -referenced Plan North 05 degrees 50 minutes 07 seconds East 177.49 feet to a point; thence along the said right-of-way line of Netherby Lane (50' ROW) the following 2 courses and distances: 1) South 84 degrees 09 minutes 53 seconds East 19.22 feet to a point; and 2) on a line curving to the right having a radius of 575 feet, an arc length of 80.48 feet and a chord bearing off South 80 degrees 09 minutes 18 seconds East 80.41feet to a point on the right-of-way line of said Netherby Lane, the point and place of BEGINNING. BEING Lot No. 75 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby and containing 15,432.4 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl, by Deed dated December 4, 2009, and recorded in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed to Raymond E Diehl and Donald E. Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-500 BEING the property more commonly known as 7 Netherby Lane, Carlisle, PA 17015. SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff VS. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW : G. STRICKLAND, an individual Defendants CIVIL DIVISION NO.: 14-5990 Civil I, Darrell C. Dethlefs, Esquire, attorney for and authorized representative of Plaintiff, Farmers Merchant and Trust Company of Chambersburg, hereby certify, subject to the penalties of 18 Pa. C.S.A. §4904, that the Defendant, is not in the military service of the United States of America to the best of my knowledge, information and belief. DarrellC. Dethlefs, Esquire SWORN TO AND SUBSCRIBED BEFORE ME THIS +fil day of December, 2014 Kaintign Li) Notary ic My commission expires: ri-13-Zol(p COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Kathryn S. Fogle. Notary Public Camp Hill Boro, Cumbcrland County Myt:ommission expircs August 13. 2016 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: 14-5990 Civil vs. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW G. : STRICKLAND, an individual Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO R.C.P. 3129.2 OF THF, SUPREME COURT OF PENNSYLVANIA To: M. Jeffery Strickland 736 MacArthur Drive Carlisle, PA 17013 C11 .77:1 The real estate located at 7 Netherby Lane, Carlisle, Cumberland County, Pennsylvania 17015, Lot 54, Keswick Lane, Carlisle, Cumberland County, Pennsylvania 17015, and 629 Creek Road, Carlisle, Cumberland County, Pennsylvania, 17013, as more fully described in the attached legal descriptions, are scheduled to be sold at Sheriffs Sale on March 04, 2015, at 10:00 A.M., in the Cumberland County Courthouse (specific room location to be posted at every entrance to the Courthouse), One Courthouse Square, 1 N. Courthouse Avenue, Carlisle, Pennsylvania, 17013, to enforce the court judgment obtained by Farmers and Merchants Trust Company of Chambersburg against Strickland Brothers Construction, LLC, M. Jeffery Strickland and Matthew G. Strickland, jointly and severally, in the amount of $707,299.82, with interest on the principal sum ($631,569.81) from September 30, 2014, at the contractual rate, plus costs. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THE SHERIFF'S SALE 1. The sale will be cancelled if you pay to Plaintiff the judgment amount. To find out how much you must pay, you may call: Darrell C. Dethlefs, Esquire at (717)-975-9446. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. c 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See attached notice on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling: Darrell C. Dethlefs, Esquire, at (717)-975-9446. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717)-240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 1-800-990-9108 (PA ONLY) B Darrell C. Dethlefs, Esquire Attorney for Plaintiff NO. 14-5990 CIVIL JUDGMENT: $707,299.82 DARRELL C. DETHLEFS, ESQUIRE ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Plan for Arthur R. Klingler Estate recorded September 11, 1974, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 25, Page 93, as follows, to wit: BEGINNING at an iron pin set on the southern line of the dedicated right of way of Creek Road (Township Road 497) at the northwest comer of Lot No. 5 as designated on the aforementioned Plan; thence by said Lot No. 5 South 20 degrees 16 minutes 40 seconds East, a distance of 179.31 feet to an iron pin set on the northern line of lands now or formerly of Carl W. Lehman; thence by same South 70 degrees 52 minutes 20 seconds West, a distance of 100.02 feet to an iron pin set on the southeastern corner of Lot No. 3 on said Plan; thence by said Lot No. 3, North 20 degrees 16 minutes 40 seconds West, a distance of 177.30 feet to an iron pin set. at the point of intersection of the dedicated right of way of said Creek Road with the northeastern corner of said Lot No. 3; thence by said line of said dedicated right of way North 69 degrees 43 minutes 20 seconds East, a distance of 100.00 feet to an iron pin set at the northwest corner of said Lot No. 5, the point and place of BEGINNING. BEING all of Lot No. 4 as designated on the aforementioned Plan, containing a total gross area of 17,830 square feet, more or less. BEING PARCEL NO.: 29-06-0021-155 BEING the property more commonly known as 629 Creek Road, Carlisle, PA 17013. SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. ALL THAT CERTAIN tract of land situation in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two — The Plan of Netherby prepared by Dawood Associated dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Waverly Lane, (50' ROW) at the northeastern corner of Lot No. 55 of Future Phase IIIA on the above Plan; thence along said Lot No. 55, South 02 degrees 40 minutes 10 seconds West 167.00 feet to a point; thence along land now or formerly of Robert B. Calloway and Beverly Vanbrake, North 87 degrees 19 minutes 50 seconds West 125.00 feet to a point on the right -of -line of Keswick Lane, known as Langley Lane on the above Plan, (50" ROW); thence along said Keswick Lane, North 02 degrees 40 minutes 10 seconds East 147.00 feet to a point; thence along said Keswick Lane on a line curving to the right having a radius of 20.00 feet, an arc length of 31.42 feet and a chord bearing of North 47 degrees 40 minutes 10 seconds East 28.28 feet to a point on the right-of-way line of said Waverly Lane; thence along the right-of-way of said Waverly Lane, South 87 degrees 19 minutes 50 seconds East 105.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 54 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby — and containing 20,789.2 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl by their Deed dated December 4, 2009, and recorded December 10, 2009, in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed unto Raymond E. Diehl and Donald E. Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-494 SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL, ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two — The Plan of Netherby prepared by Dawood Associates dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Netherby Lane (50' ROW) at the northwestern corner of Lot No. 74 on the above -referenced Plan; thence along said Lot No. 74, South 13 degrees 51 minutes 17 seconds West 173.96 feet to a point; thence along Lot No. 83, on the above -referenced Plan North 83 degrees 52 minutes 06 seconds West 75.17 feet to a point; thence along Lot No. 76, on the above -referenced Plan North 05 degrees 50 minutes 07 seconds East 177.49 feet to a point; thence along the said right-of-way line of Netherby Lane (50' ROW) the following 2 courses and distances: 1) South 84 degrees 09 minutes 53 seconds East 19.22 feet to a point; and 2) on a line curving to the right having a radius of 575 feet, an arc length of 80.48 feet and a chord bearing off South 80 degrees 09 minutes 18 seconds East 80.41feet to a point on the right-of-way line of said Netherby Lane, the point and place of BEGINNING. BEING Lot No. 75 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby and containing 15,432.4 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl, by Deed dated December 4, 2009, and recorded in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed to Raymond E. Diehl and Donald E. Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-500 BEING the property more commonly known as 7 Netherby Lane, Carlisle, PA 17015. SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMP NY Of CHAMI3ER.SB1,TRQ Plaintiff vs. STRICKLAND BROTHERS CONSTRUCTION, . LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW G. : STRICKLAND, an individual Defendants CIVIL DIVISION NO.: 14-5990 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO R.C.P. 3129.2 OF THE SUPREME COURT OF PENNSYLVANIA To: Matthew G. Strickland 11 Prickly Pear Drive Carlisle, PA 17013 CD r1 (n CO C..) cr The real estate located at 7 Netherby Lane, Carlisle, Cumberland County, Pennsylvania 17015, Lot 54, Keswick Lane, Carlisle, Cumberland County, Pennsylvania 17015, and 629 Creek Road, Carlisle, Cumberland County, Pennsylvania, 17013, as more fully described in the attached legal descriptions, are scheduled to be sold at Sheriff's Sale on March 04, 2015, at 10:00 A.M., in the Cumberland County Courthouse (specific room location to be posted at every entrance to the Courthouse), One Courthouse Square, 1 N. Courthouse Avenue, Carlisle, Pennsylvania, 17013, to enforce the court judgment obtained by Farmers and Merchants Trust Company of Chambersburg against Strickland Brothers Construction, LLC, M. Jeffery Strickland and Matthew G. Strickland, jointly and severally, in the amount of $707,299.82, with interest on the principal sum ($631,569.81) from September 30, 2014, at the contractual rate, plus costs. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THE SHERIFF'S SALE 1. The sale will be cancelled if you pay to Plaintiff the judgment amount. To find out how much you must pay, you may call: Darrell C. Dethlefs, Esquire at (717)-975-9446. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See attached notice on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling: Darrell C. Dethlefs, Esquire, at (717)-975-9446. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717)-240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. 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 AGENC 1 H S THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ti/ 1-800-990-9108 (PA ONLY) BY' rrell C. N'- thlefs, Esquire Attorney for Plaintiff NO. 14-5990 CIVIL JUDGMENT: $707,299.82 DARRELL C. DETHLEFS, ESQUIRE ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Plan for Arthur R. Klingler Estate recorded September 11, 1974, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 25, Page 93, as follows, to wit: BEGINNING at an iron pin set on the southern line of the dedicated right of way of Creek Road (Township Road 497) at the northwest corner of Lot No. 5 as designated on the aforementioned Plan; thence by said Lot No. 5 South 20 degrees 16 minutes 40 seconds East, a distance of 179.31 feet to an iron pin set on the northern line of lands now or formerly of Carl W. Lehman; thence by same South 70 degrees 52 minutes 20 seconds West, a distance of 100.02 feet to an iron pin set on the southeastern corner of Lot No. 3 on said Plan; thence by said Lot No. 3, North 20 degrees 16 minutes 40 seconds West, a distance of 177.30 feet to an iron pin set at the point of intersection of the dedicated right of way of said Creek Road with the northeastern corner of said Lot No. 3; thence by said line of said dedicated right of way North 69 degrees 43 minutes 20 seconds East, a distance of 100.00 feet to an iron pin set at the northwest corner of said Lot No. 5, the point and place of BEGINNING. BEING all of Lot No. 4 as designated on the aforementioned Plan, containing a total gross area of 17,830 square feet, more or less. BEING PARCEL NO.: 29-06-0021-155 BEING the property more commonly known as 629 Creek Road, Carlisle, PA 17013. SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. ALL THAT CERTAIN tract of land situation in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two — The Plan of Netherby prepared by Dawood Associated dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Waverly Lane, (50' ROW) at the northeastern corner of Lot No. 55 of Future Phase IIIA on the above Plan; thence along said Lot No. 55, South 02 degrees 40 minutes 10 seconds West 167.00 feet to a point; thence along land now or formerly of Robert B. Calloway and Beverly Vanbrake, North 87 degrees 19 minutes 50 seconds West 125.00 feet to a point on the right -of -line of Keswick Lane, known as Langley Lane on the above Plan, (50" ROW); thence along said Keswick Lane, North 02 degrees 40 minutes 10 seconds East 147.00 feet to a point; thence along said Keswick Lane on a line curving to the right having a radius of 20.00 feet, an arc length of 31.42 feet and a chord bearing of North 47 degrees 40 minutes 10 seconds East 28.28 feet to a point on the right-of-way line of said Waverly Lane; thence along the right-of-way of said Waverly Lane, South 87 degrees 19 minutes 50 seconds East 105.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 54 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby — and containing 20,789.2 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl by their Deed dated December 4, 2009, and recorded December 10, 2009, in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed unto Raymond E. Diehl and Donald E. Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-494 SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M JEFFERY STRICKLAND, and MATTI-WW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two — The Plan of Netherby prepared by Dawood Associates dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Netherby Lane (50' ROW) at the northwestern corner of Lot No. 74 on the above -referenced Plan; thence along said Lot No. 74, South 13 degrees 51 minutes 17 seconds West 173.96 feet to a point; thence along Lot No. 83, on the above -referenced Plan North 83 degrees 52 minutes 06 seconds West 75.17 feet to a point; thence along Lot No. 76, on the above -referenced Plan North 05 degrees 50 minutes 07 seconds East 177.49 feet to a point; thence along the said right-of-way line of Netherby Lane (50' ROW) the following 2 courses and distances: 1) South 84 degrees 09 minutes 53 seconds East 19.22 feet to a point; and 2) on a line curving to the right having a radius of 575 feet, an arc length of 80.48 feet and a chord bearing off South 80 degrees 09 minutes 18 seconds East 80.41feet to a point on the right-of-way line of said Netherby Lane, the point and place of BEGINNING. BEING Lot No. 75 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby and containing 15,432.4 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl, by Deed dated December 4, 2009, and recorded in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed to Raymond E. Diehl and Donald E Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-500 BEING the property more commonly known as 7 Netherby Lane, Carlisle, PA 17015. SEIZED AND TAKEN in execution as the property of STRICKLAND BROTAF,RS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY PF CTAIyBERSBUR.G Plaintiff • NO.: 14-5990 Civil VS. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW G. : STRICKLAND, an individual Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO R.C.P. 3129.2 OF THE SUPREME COURT OF PENNSYLVANIA To; Strickland Brothers Construction, LLC 736 MacArthur Drive Carlisle, PA 17013 C) c, ) © 1-1"1CD _. p---4c� a CD CD a cr . The real estate located at 7 Netherby Lane, Carlisle, Cumberland County, Pennsylvania 17015, Lot 54, Keswick Lane, Carlisle, Cumberland County, Pennsylvania 17015, and 629 Creek Road, Carlisle, Cumberland County, Pennsylvania, 17013, as more fully described in the attached legal descriptions, are scheduled to be sold at Sheriffs Sale on March 04, 2015, at 10:00 A.M., in the Cumberland County Courthouse (specific room location to be posted at every entrance to the Courthouse), One Courthouse Square, 1 N. Courthouse Avenue, Carlisle, Pennsylvania, 17013, to enforce the court judgment obtained by Farmers and Merchants Trust Company of Chambersburg against Strickland Brothers Construction, LLC, M. Jeffery Strickland and Matthew G. Strickland, jointly and severally, in the amount of $707,299.82, with interest on the principal sum ($631,569.81) from September 30, 2014, at the contractual rate, plus costs. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THE SHERIFF'S SALE 1. The sale will be cancelled if you pay to Plaintiff the judgment amount. To find out how much you must pay, you may call: Darrell C. Dethlefs, Esquire at (717)-975-9446. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling: Darrell C. Dethlefs, Esquire, at (717)-975-9446. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will be completed only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County at (717)-240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer will bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for the property. A schedule of distribution of the money bid for the property will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Ir 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 1-800-990-9108 (PA ONLY) BY: Dye C.ti thlefs, Esquire orney for Plaintiff NO. 14-5990 CIVIL JUDGMENT: $707,299.82 DARRELL C. DETHLEFS, ESQUIRE ALL that certain tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described in accordance with the Final Plan for Arthur R. Klingler Estate recorded September 11, 1974, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 25, Page 93, as follows, to wit: BEGINNING at an iron pin set on the southern line of the dedicated right of way of Creek Road (Township Road 497) at the northwest corner of Lot No. 5 as designated on the aforementioned Plan; thence by said Lot No. 5 South 20 degrees 16 minutes 40 seconds East, a distance of 179.31 feet to an iron pin set on the northern line of lands now or formerly of Carl W. Lehman; thence by same South 70 degrees 52 minutes 20 seconds West, a distance of 100.02 feet to an iron pin set on the southeastern corner of Lot No. 3 on said Plan; thence by said Lot No. 3, North 20 degrees 16 minutes 40 seconds West, a distance of 177.30 feet to an iron pin set at the point of intersection of the dedicated right of way of said Creek Road with the northeastern corner of said Lot No. 3; thence by said line of said dedicated right of way North 69 degrees 43 minutes 20 seconds East, a distance of 100.00 feet to an iron pin set at the northwest corner of said Lot No. 5, the point and place of BEGINNING. BEING all of Lot No. 4 as designated on the aforementioned Plan, containing a total gross area of 17,830 square feet, more or less. BEING PARCEL NO.: 29-06-0021-155 BEING the property more commonly known as 629 Creek Road, Carlisle, PA 17013. SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. ALL THAT CERTAIN tract of land situation in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two — The Plan of Netherby prepared by Dawood Associated dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Waverly Lane, (50' ROW) at the northeastern corner of Lot No. 55 of Future Phase IIIA on the above Plan; thence along said Lot No. 55, South 02 degrees 40 minutes 10 seconds West 167.00 feet to a point; thence along land now or formerly of Robert B. Calloway and Beverly Vanbrake, North 87 degrees 19 minutes 50 seconds West 125.00 feet to a point on the right -of -line of Keswick Lane, known as Langley Lane on the above Plan, (50" ROW); thence along said Keswick Lane, North 02 degrees 40 minutes 10 seconds East 147.00 feet to a point; thence along said Keswick Lane on a line curving to the right having a radius of 20.00 feet, an arc length of 31.42 feet and a chord bearing of North 47 degrees 40 minutes 10 seconds East 28.28 feet to a point on the right-of-way line of said Waverly Lane; thence along the right-of-way of said Waverly Lane, South 87 degrees 19 minutes 50 seconds East 105.00 feet to a point, the point and place of BEGINNING. BEING Lot No. 54 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby — and containing 20,789.2 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl by their Deed dated December 4, 2009, and recorded December 10, 2009, in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed unto Raymond E. Diehl and Donald E. Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-494 SEIZED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two — The Plan of Netherby prepared by Dawood Associates dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Netherby Lane (50' ROW) at the northwestern corner of Lot No. 74 on the above -referenced Plan; thence along said Lot No. 74, South 13 degrees 51 minutes 17 seconds West 173.96 feet to a point; thence along Lot No. 83, on the above -referenced Plan North 83 degrees 52 minutes 06 seconds West 75.17 feet to a point; thence along Lot No. 76, on the above -referenced Plan North 05 degrees 50 minutes 07 seconds East 177.49 feet to a point; thence along the said right-of-way line of Netherby Lane (50' ROW) the following 2 courses and distances: 1) South 84 degrees 09 minutes 53 seconds East 19.22 feet to a point; and 2) on a line curving to the right having a radius of 575 feet, an arc length of 80.48 feet and a chord bearing off South 80 degrees 09 minutes 18 seconds East 80.41feet to a point on the right-of-way line of said Netherby Lane, the point and place of BEGINNING. BEING Lot No. 75 on the Final Subdivision Plan for Phase Number Two — The Plan of Netherby and containing 15,432.4 square feet. BEING a portion of the premises which Raymond E. Diehl and Donald E. Diehl, by Deed dated December 4, 2009, and recorded in Cumberland County, Pennsylvania at Instrument No. 200941227, granted and conveyed to Raymond E, Diehl and Donald E Diehl, Grantors herein. BEING PARCEL NO. 40-10-0636-500 BEING the property more commonly known as 7 Netherby Lane, Carlisle, PA 17015. SET7ED AND TAKEN in execution as the property of STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND, and MATTHEW G. STRICKLAND, Defendants herein, under Judgment No. 14-5990 CIVIL. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG Plaintiff NO.: 14-5990 Civil vs. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW G. : STRICKLAND, an individual Defendants CERTIFICATION AS TO THE SALE OF REAL PROPERTY 37. co N.) I, Darrell C. Dethlefs, Esquire, hereby certify that I am the attorney of record for the Plaintiff in the above -captioned matter. I further certify that this property is not subject to ACT 91 of 1983 and the Plaintiff has complied with all provisions of the Act. Darre 1 C. thlefs, Esq. Dethlefs Pykosh Shook & Murphy 2132 Market St, Camp Hill, PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST' COMPANY OF. CHAMBERSBURG Plaintiff vs. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW : G. STRICKLAND, an individual Defendants CIVIL DIVISION NO.: 14-5996 Civil CERTIFICATION OF ADDRESS I hereby certify that the addresses of the parties in the above action are as follows: Address of Plaintiff: 20 South Main Sireet, Chambersburg, PA 17201 Address of Defendants: rn CO CN.) Strickland Brothers Construction, LLC, 736 MacArthur Drive, Carlisle, PA 17013 M. Jeffery Strickland, 736 MacArthur Drive; Carlisle, PA 17013 Matthew G. Strickland, 11 Prickly Pear Drive, Carlisle, PA 17013 Dethlefs osh Shook & Murphy By. Darrell C. h efs, Esquire PA ID: 58805 Attdrney for Plaintiff 2132 Market Street Camp Hill, PA 17011 717-975-9446 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff vs. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW : G. STRICKLAND, an individual Defendants CIVIL DIVISION NO.: 14-5990 Civil AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ...- -7- .-.... ..1..... .; ,P. •-- i (..*) ....<. r.%) I hereby certify that I have sent copies of the Notice of Sheriff Sale of Real Property to the Defendant certified and regular United States mail and all lien holders or judgment holders of record as required by Pa. R.C.P. by first class United States mail, postage pre -paid, on the date set forth below. (See attached reipts for list of all those served). Date: i/fi Darrell C. De h efs, Esq. Attorney for Plaintiff Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, PA 17011 717-975-9446 ddethlefs@aol.com -+ . • ' - " :CERTIFIED MAILTM RECEIPT ' (Domestic Mall Ortii; No insurance Coverage Provided) • For delivery Information visit our websito at www.Usps.come Postage Certified Fee ru EJ Return Receipt Fee f=f) (Endorsement Required) D D _o m ru CD r - Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 0011 13 Poroark • ,-• 12/04/20IA" Sent To Alf Street, Apt. No.; f, or PO Box No, 06 City, Slate, ZIP+4 02, V2116 wilLezkig.,1,4 /4 17105" PS Form 3800, August 2006 See Reverse tor Instructions U.S. Postal ServiceTM CERTIFIED MAILIM RECEIPT (Domestic Mali Only; No insurance Coverage Provided) Posta Certified Fee ru D Return Receipt Fee (Endorsement Required) D RI 1-9 r - Restricted Delivery Fee (Endorsement Required Total Postage & Fees Sent To A .hf/.. Street.ApL No.; or PO Box No. City, State, ZIP+4 (VL i70 PS Form 3800, August 2006 See Reverse for Inetructions, D r:0 Lfl tr ru D co D _a m3- ru r -R 1N-• r- osta ervice. •CERTIFIED MAILTM RECEIPT (Domestic Mali Only; No insurance Coverage Provid 1========= CARLISLE PA 17015 Postage Certified Fee ru Return Receipt Fee [rD (Endorsement Required) _u m ru Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To r4 Street, Apt. No.; or PO Box No. 0011 Q_ ,/ 5 ---Lf ire City. Star°, ZIP+4 n rit ( 70 PS Fenn 3800, August 2006 U.S. Postal Service. CERTIFIED MAIL, RECEIPT See Reverse for In For deIlv, ry,fretrmadon visit our website at www.usps.com Postage Certified Fee ru D Return Receipt Fee ci (Endorsement Required) Restricted Delivery Fee CD (Endorsement Required =- Total Postage & Fees m ru U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mali Only; No insurance Coverage Provided) For delivery information visit our website at wvvw.usps,ccime CARLISLE PA.17013;-, Postage Certified Fee Return Receipt Fee (Endorsement Required Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 43.08 0011 . - Postmark Ci4/2 Sent To 1,A1,1 cem.c11-kd, Street, Apt. No.; or PO Box No. 13,C City, State, ZIP+4 (V, AiLt g 17e/3 PS Fornt3800, August 2006 See Revere" tor Instructions <‘,C) 11)/04/20 Sent To Street, Apt. No.; b or PO Box No. r.0.6.„,„--286,--tz7 (71z,FC-0,107 City, State, ZIP+4 , Atnti 1/41:412 .Id Jo ri3) ti R3) mien. estrir dors eat tal SerVkeTM IED MAILTM RECEIPT Mali Only; No insurance Coverage Provid ru LISLE PA 17013 tr D Nfislago Information visit pur website at www.usps.com lied Fee eipt Fee equired) nJ rery Fee Nuked) 1-r1 & Fees 13.08 $3.30 12.70 $0.00 s 1.9 .08 1,1 et: , )E, I( , 4,//f,I7(3 0011 D R1 D Return Receipt Fee D (Endorsement Required) D CERTIFIED MAILTMRECEIPT (Domestic Mall Only; No Insurance Coverage Provided)' • For -delivery information visit our website at www.usps.come WASHIHGTO . 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(Domestic 14al1 Only; No insurance Coverage Provided) For delivery Information visit our website at www.usps.come ��7!Nlaaarvlri /Ratra Postage Certified Fee rU D Return Receipt Fee D (Endorsement Required) D D J S R1 ru rR Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.49 43.31 , 40.00 Sent To ( Sr"/'wn/ Street, Apt. Na ; or POBox No. (YLrDv+. U/�+r /r,✓,�/ yi60Q City, State Lit( ID See Reverse for Instructions_ ru D D D D 2- ru ru r -i D r- 1.11 LI) r- Ir 11.1 D D D D 3- m R1 D r - R1 3- D tO S 0- rU D D D D 3- m ru rR D U.S. Postal ServlceTM CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance-CoVerage Provld For delivery information visit our website at www.usps.com PHILADELPHIA PA 19106 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To u • Street, Apt. No.; / y t/� iP or PO Box No. 7OQ (htS'ricr City, State, ZIP+4 PS Form 3800, August 2006 U.S. Postal Servic�TM' CERTIFIED MAILTM RECEIPT (r'u. t t r •t y, /4 /9 /a4 See Reverse for Instr For delivery Information visit our website at www.usps.com CARLISLE PA 17013 '. Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 13.30 V.70 $0 .00 46.49 (1011 P�mark\ `:'( ere w •l x.4,!.114 6A4 e/ (a—.✓° Ci 1, / Street, Apt. or PO Box No. Y 1:45 - City, 4sCity, State, ZJP+4 L�r rr Le PS Form 3800, August 2006 4 3 U.S. Postal Service. CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No insurance Coverage'Provid - • For delivery Information visit our website at www.usps.com CARLISLE PA 17013 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 4.0.49 4'3.31 0011 13 aar j ((--rrte� " Here \`v 12/1}4/..q--1:1):4'. Sent To /Ua,,%1 M- Street, Apt. No.; 2U or PO Box No. S—( City, State, ZIP+4 170 PS Form 3800, August 2006 ' See Reverse for Ins .43 Un r` - to a- • TM. • CERTIFIED'MAIL." RECEIPT. (Domestic Mail Only; No insurance Coverage Provided) For delivery Information visit our website at www uaps.come CARLISLE PA 17013 TM CERTIFIED MAIL, RECEIPT (Domestic.Mail Only; No insurance Coverage Provid Ln For dellvery.information visit our website at www.usps.com PI TSBURGH PA 15222 Postage Certified Fee ru O Return Receipt Fee 0 (Endorsement Required) O O I1 m ru rR a 0 .11 U) 0 ru 0 Return Receipt Fee I� (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 111,49 13.30 Postage Certified Fee FU Return Receipt Fee 0 (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) Street, Apt. No.; or PO Box No. City, State, ZIP+4 f i r✓1 •S le A � !io 1 Sep Reverse for Instructions. U.S Postal. Service. CERTIFIED MAIL RECEIPT (Domestic. Mall Only; No /naurance:Coverage Provided) For delivery Information visit our Website at www uspa.com® CARLISLE F'A17013 - Postage Certified Fee 0 O rU 0 Total Postage & Fees Sent To Streei, Apt Na.; O G2 ____ k or PO Box No. City Stale, .ZIP+4 -- " o PS Form 3800, August 2006 RI m N ul 0, ru 0 0 0 0 m RJ 0 P - 13 ��� \ '� rk Here ff r Here O tri . 12/47264 See Reverse for. Instructions U.S. Postal ServlceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No insurance Coverage Provided) For delivery Information visit Our webalte at www.usps.come Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees 10.49 1.3.30 12.70 $11.1JO • $6.49 0011 yostaprk %"-d Here 1"/u4/i. Sent To Street, Apt. No.; r , or POO5 /V Box No. ` a t,.e.-- 4 City, Slate, ZIP+4C� ! 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No.; 741 FI or PO Box No. G r/00F., r City, Stale, ZIP+4 f SILD-2YQ 6 P; U.S. Postal Service 'CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provide For delivery Information visit our website at www.usps.com® • r Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $3.311 $ 16.49 ul t• I 0 ,l (I o Postmark t r Here C_) 12/04/2014.. Tlen 19u, Street, Apt. No.; or PO Box No. City, State, Z/1,44 / r CrLl,'Yl{ pVI170�s PS Foim 3000,AUgust.2006 'See Reverse for Inst Cr ostai, ervicevo RTiFIED, nastif:;Mait�'Only; N.o ifisurance:i es overage Povid 1Fotile vt3ry°InfortnatlonldOt Our. . HARR[SW R6;PA 17115. Postage Certified Fee ru 0 Return Receipt Fee o (Endorsement Required) Restricted Delivery Fee (Endorsement Required) .0 Total Postage & Fees m Sent To ru Street, Apt. No.; or PO Box No. rti D =In MEM Ito et www.usps.com $ 16.49 PosTnlark lr Hefe a � C:) 1 *2/i 14/2614 O /So 1‘ 7$" i City State, Z!P+4 ! j WO"( fyd�- //4 1�-Au ust 200fi (.. , 71Gj` rw Reye se for (ns IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Plaintiff vs. STRICKLAND BROTHERS CONSTRUCTION, : LLC, a Pennsylvania Company, M. JEFFERY : STRICKLAND, an individual, and MATTHEW : G. STRICKLAND, an individual, Defendants CIVIL DIVISION NO.: 14-5990 Civil Notice of Sheriff's Sale of Real Property To: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER: STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND AND MATTHEW G. STRICKLAND PLAINTIFF/SELLER: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG DEFENDANTS: STRICKLAND BROTHERS CONSTRUCTION, LLC, M. JEFFERY STRICKLAND AND MATTHEW G. STRICKLAND PROPERTY: 7 Netherby Lane, Carlisle, PA 17015; Lot 54, Keswick Lane, Carlisle, PA 17015; 629 Creek Road, Carlisle, PA 17013 CUMBERLAND C.C.P. NO.: 14-5990 The above captioned property is scheduled to be sold at Sheriffs Sale on March 04, 2015 at 10:00 am in the Cumberland County Courthouse, Courtroom To Be Determined and Posted on Day of Sale at all Courthouse Entrances, Carlisle, Pennsylvania 17013. You may hold a judgment on the property which may be extinguished by the sale. You may wish to attend the Sheriffs Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with w, • the schedule unless exceptions are filed thereto within schedule. Date: i) -/ f ays after the filing of the Darrell . Dethlefs, Esquire Attorney for Plaintiff Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, PA 17011 717-975-9446 ddethlefs@aol.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG c Plaintiff NO.: 14-5990 Civil VS. < r. C', STRICKLAND BROTHERS CONSTRUCTION, LLC, a Pennsylvania Company, M. JEFFERY STRICKLAND, an individual, and MATTHEW G. STRICKLAND, an individual Defendants PRAECIPE TO EXEMPLIFY RECORD To the Prothonotary: Please prepare an Exemplified Record with regards to Defendants, Strickland Brothers Construction, LLC, M. Jeffery Strickland,and Matthew G. Strickland, in the above-captioned matter for entry of judgment in Perry County. Respectful s bmitted, Date: 2 Darrell . ethlefs,Esq. Dethlefs Pykosh Shook&Murphy 2132 Market St, Camp Hill,PA 17011 (717) 975-9446 ddethlefs@aol.com Supreme Court ID No. 58805 4 lei. 6�' 3/yy3�