Loading...
HomeMy WebLinkAbout06-0107 SALTZ POLISHER P.C. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, P A 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. NO. 01- - 107 C;cJ~ L ~ E:f2-r\ REHAB INVESTMENTS, L.P. I East Wynnewood Road Suite 210 Wynnewood, P A 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, PA 17013 CONFESSION OF JUDGMENT NOTICE and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said Judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: EVERETT K. SHEINTOCH. ESQUIRE at this telephone number: (610) 9643333. ~ '_ I ^ ~Jr -. pwJ1_ ? NO. Ole. - 10'7 l?/u~L~~ SALTZ POLISHER P.c. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayoe, P A 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. I East Wyonewood Road Suite 210 Wynnewood, P A 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, PA 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. NOTICE PURSUANT TO 42 Pa.C.S.A. &2737.1 NOTICE IS HEREBY GIVEN THAT JUDGMENT IN THE ABOVE-CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU. THE FOLLOWING IS THE PROCEDURE YOU MUST FOLLOW IN ORDER TO STRIKE THE JUDGMENT ANDIOR SEEK TO HAVE THE JUDGMENT OPENED. PLEASE BE FURTHER ADVISED THAT YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY'S FEES AS DETERMINED BY THE COURT IF YOU HAVE BEEN INCORRECTLY IDENTIFIED. Rule 2959. Striking Off or Opening Judgment; Pleadings; Procedure (a) (I) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 29733. (3) If written notice is served upon the petitioner pursuant to Rule 2956.I(c)(2) or Rule 2973.I(c), the petition shall be filed within thirty (30) days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition, the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The pel1tlOn and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and, on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment (f) The lien of the judgment or any levy or attachments shall be preserved while the proceedings to strike off or open the judgment are pending. If you have any questions concerning the above, please contact: Everett K. Sheintoch, Esquire Saltz Polisher, P.C. 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 Plaintiff, NO. Dc.. - 101 c, L>LL ~ 'Cfl-l SALTZ POLISHER P.C. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964,3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. I East Wynnewood Road Suite 210 Wynnewood, P A 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, P A 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter our appearances for Rehab Investments, L.P., Plaintiff in the above- captioned case. SALTZ POLISHER P.C. cJ/}L By: Date: J/ S" (of, Everett K. Sheintoch, Esquire Attorney for Plaintiff SALTZ POLISHER P.C. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, LP. COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA REHAB INVESTMENTS, LP. I East Wynnewood Road Suite 210 Wynnewood, P A 19096 NO. O~ - 107 C;(J~l'J8L~ Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, PA 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. CONFESSION OF JUDGMENT (Under Pa.R.C.P. 2951, 2952, 2954, 2955, 2956, 2959, 236 and 42 Pa.CS.A. 2737.1) Pursuant to the authority of the Confession of Judgment contained within certain loan documents by and between Defendants, Jeffrey A. Yentzer and Rodger A. Sprenkle, Jr. and Plaintiff, Rehab Investments, LP., true and correct copies of which are attached hereto, and incorporated by reference in the Complaint filed in this action, I appear for Defendants and confess Judgment in favor of Plaintiff, Rehab Investments, LP. and against Defendants, Jeffrey A. Yentzer and Rodger A. Sprenkle, JT., in the amount of$128,934.94 (as of December 31, $6,757.98 2005) and assess damages as follows which are readily calculated by reference to said Loan Documents: Note I Note II Principal Balance Due: $36,77720 $38,648.65 Interest: $6,134.14 $6,446.02 Less payments received: $2.013.40 $2'\ 15.75 $40,897.94 $42,978.92 Note III $40,51825 $2.218.15 $45,058.08 TOTAL: $128,934.94 plus attorney's fees and costs. The precise address ofthe Plaintiff, Rehab Investments, L.P., is lEast Wynnewood Road, Suite 210, Wynnewood, PA 19096. Defendant Jeffrey A. Yentzer, upon information and belief, in an individual with last knows address at 13 Wiltshire West, Carlisle, PA 17013. Defendant Rodger A. Sprenkle, Jr., upon information and belief, is an individual with last known address atl 06 Portland Street, Mechanicsburg, P A 17055. SALTZ POLISHER P.c. By: cJz~ Everett K. Sheintoch, Esquire Attorney for Defendants Jeffrey A. Yentzer and Rodger A. Sprenkle, Jr. Date: Ii 5 fo~ Plaintiff, NO. Ols. - 167 u;u..L '-r~ SALTZ POLISHER P.c. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. 1 East Wynnewood Road Suite 210 Wynnewood, P A 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, P A 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. COMPLAINT IN CONFESSION OF JUDGMENT 1. Plaintiff, Rehab Investments, L.P ("Rehab") is a Pennsylvania limited partnership with a place of business located at 1 East Wynnewood Road, Suite 210, Wynnewood, PA 19096. 2. Defendant Jeffrey A. Yentzer, upon information and belief, in an individual with last knows address at 13 Wiltshire West, Carlisle, PA 17013. Defendant Rodger A. Sprenkle, Jr., upon information and belief, is an individual with last known address at106 Portland Street, Mechanicsburg, P A 17055. Defendants shall be referred to collectively hereinafter as "Y entzer/Sprenkle." 3. On or about September 8, 2003, YentzerlSprenkle, made, executed and delivered to Rehab, among other loan documents, three (3) Notes ("Notes I, II and III") evidencing three (3) business loans in the principal amount, respectively, of: (a) Note I - $32,214.00; (b) Note II _ $33,852.00; and (c) Note III - $35,490.00. True and correct copies of the respective Notes are attached hereto, and collectively marked as Exhibit "A" and incorporated herein. 4. In order to induce Rehab to make the loans evidenced by the aforesaid Notes, and to secure same, on or about September 8, 2003, Yentzer/Sprenkle executed and delivered three (3) Mortgages of even date ("Mortgages I, II and III"). Mortgage I (724 Princess Street, York, P A) was recorded at the Office for the Recording of Deeds in and for the County ofY ork on or about October 6, 2003, York County Mortgage Book No. 1608 at pages 5758 through 5765. Mortgages II (726 Princess Street, York, P A) and III (728 Princess Street, York, P A) were recorded at the Office for the Recording of Deeds in and for the County of York on or about September 30, 2003, and recorded, respectively, in York County Mortgage Book No. 1606 at pages 6693 through 6699; and York County Mortgage Book No. 1606 at pages 6658 though 6664. True and correct copies of the respective three Mortgages are attached hereto, and marked collectively as Exhibit "B" and incorporated herein. 5. The Mortgages are secured against properties located at 724 Princess Street, York, PA; 726 Princess Street, York, PA; and 728 Princess Street, York, PA (the "Mortgaged Properties"). 6. The Notes required, inter alia, monthly payments, as follows: (a) Note 1- $402.68, beginning no later than March 15, 2004, with the full principal and interest to be paid on or before September 8, 2004 (the "Maturity Date"); (b) Note II - ~$423.15, beginning no later than March 15, 2004, with the full principal and interest to be paid on or before September 8, 2004 (the "Maturity Date"); and (c) Note III - -$443.63, beginning no later than March 15,2004, TOTAL: $128,934.94 plus attorney's fees and costs. with the full principal and interest to be paid on or before September 8, 2004 (the "Maturity Date"). 7. Yentzer/Sprenkle breached the terms of Notes I, II and Ill, and became in default thereof, inter alia" by virtue of their failure to make monthly payments of principal and interest as they became due and by failing to satisfy the total balance due by the Maturity Date. 8. Through December 31, 2005, the outstanding balance due from Yentzer/Sprenkle to Rehab pursuant to the terms of the respective Notes and Mortgages is as follows: Note I Note II Note III Principal Balance Due: $36,777.20 $38,648.65 $40,518.25 Interest: $6,134.14 $6,446.02 $6,757.98 Less oavments received: $2.013.40 $2.115.75 $2.218.15 $40,897,94 $42,978.92 $45,058.08 9. Despite repeated demands for payment, Defendants Yentzer/Sprekle have failed and refused to make said payments pursuant to the terms and conditions of the Notes and Mortgage documents. 10. The Notes and Mortgage documents contain therein the authority to Confess Judgment. 11. The Loan Documents have not been further assigned. 12. Judgment has not been entered on the Notes and Mortgage Documents in any other jurisdiction. 13. An Averment of Default is attached hereto. 14. Judgment is not being entered by Confession against a natural person in connection with a consumer credit transaction. WHEREFORE, Plaintiff, Rehab Investments, L.P., demands judgment in its favor and against Defendants, Jeffrey A. Yentzer and Rodger A. Sprenkle, in the sum of$128,934.94 as of December 31, 2005, and as authorized by the Notes and Mortgage Documents, plus continually accruing attorney's fees, costs, per diem interest and such other and further relief as this Honorable Court deems appropriate. SALT POLISHER P.C. By: dJ~ Everett K. Sheintoch, Esquire Attorney for Plaintiff - b~) b"t A NOTE ,:;cpte,;t b.c ,:.JL, 2003 724 Princess Street, York, York County, Pennsylvania 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $32,214.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lenders arc Rehab Investments, L.P. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. PAYMENTS AND INTEREST I will pay interest in accordance with a one-year fixed mortgage with a yearly interest rate of Fifteen percent (15%), by making payments every month beginning no later than March 15, 2004, with the full principal and all interest charges that have accrued during the term of the loan, including all interest accrued from September 8,2003 to March 15,2004, to be paid in full on or before September 8, 2004, which is called the "maturity date." Because borrower may elect not to make any payments for up to the first six (6) months of this loan, I will make my monthly payments on the 15th day of each month beginning on or before March 15,2004. I will make these payments every month until I have paid all of the principal and accrued interest, including all interest accrued from September 8, 2003 until March 15,2004, or the date the loan is repaid in full, whichever is earlier, and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest. The interest rate required by this Section 2 is the rate I will pay before any default described in Section 5(B) of this Note. I will make my monthly payments to Rehab Investments, L.P., 211 Rock Hill Road, Annex 103, Bala Cynwyd, PA 19004 or at a different place ifrequired by the Note Holder. My monthly payment will be $402.68. 3. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. 7 (A) Late Charge for Overdue Payments I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 4. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 5. BORROWER'S FAILURE TO PAY AS REQUIRED If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 15% of my overdue payment. I will pay this late charge promptly. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 20 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. 8 (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, all court costs and reasonable attorneys' fees. 6. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at 13 Wiltshire West, Carlisle, PA 17013 and 106 Portland Street, Mechanicsburg, PA 17055 or at a different address if! give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if [am given a notice of that different address. 7. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person or entity signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, the obligations being JOINT and SEVERAL. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 8. WAIVERS 1 and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 9. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed to Secure Debt (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. 9 WITNESS THE HAND(S) AND SEAL(S) OF T~ERSIGNED,/ ." / -4~ {; L Jeffrey A. Yentzer Borrower 'I C/- ')-j i. , ];). SSN: . it pi ~ Rodger H. Spre Ie, Jr. Borrower SSN: / ~.I - 60 - ~,)C'-( 1 10 P-f1AiAJJIA.JIy (Seal) (Seal) NOTE ~f0~J~,2002 726 Princess Street, York, York County, Pennsylvania 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, r promise to pay U.S. $33,852.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lenders are Rehab Investments, L.P. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. PAYMENTS AND INTEREST I will pay interest in accordance with a one-year fixed mortgage with a yearly interest rate of Fifteen percent (15%), by making payments every month beginning no later than March 15, 2004, with the full principal and all interest charges that have accrued during the term of the loan, including all interest accrued from September 8, 2003 to March 15, 2004, to be paid in full on or before September 8, 2004, which is called the "maturity date." Because borrower may elect not to make any payments for up to the first six (6) months of this loan, I will make my monthly payments on the 15th day of each month beginning on or before March 15, 2004. I will make these payments every month until I have paid all of the principal and accrued interest, including all interest accrued from September 8, 2003 until March 15, 2004, or the date the loan is repaid in full, whichever is earlier, and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest. The interest rate required by this Section 2 is the rate r will pay before any default described in Section 5(B) ofthis Note. I will make my monthly payments to Rehab Investments, L.P., 211 Rock Hill Road, Annex 103, Ba1a Cynwyd, P A 19004 or at a different place if required by the Note Holder. My monthly payment will be $423.15. 3. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of principal at any time before they are due. A payment of principal only is known as "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing SQ. 7 I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 4. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 5. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of IS calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 15% of my overdue payment. I will pay this late charge promptly. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 20 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. 8 (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, all court costs and reasonable attorneys' fees. 6. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at 13 Wiltshire West, Carlisle, PA 17013 and 106 Portland Street, Mechanicsburg, PA 17055 or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 7. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person or entity signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, the obligations being JOINT and SEVERAL. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 8. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 9. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in sO,me jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed to Secure Debt (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. 9 ~ WITNESS THE HAND(S) AND SEAL(S) OF H,E UND~E/h. ( ~D~){d,'() 0/1 / /' , // /, \..../ / . (Seal) ffrey A. Yentzer Borrower SSN: 10 (Seal) 728 Princess Street, York, York County, Pennsylvania NOTE &p:L~, 2003 I. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, 1 promise to pay U.S. $35,490.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lenders are Rehab Investments, L.P. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. PAYMENTS AND INTEREST I will pay interest in accordance with a one-year fixed mortgage with a yearly interest rate of Fifteen percent (15%), by making payments every month beginning no later than March 15,2004, with the full principal and all interest charges that have accmed during the term of the loan, including all interest accrued from September 8, 2003 to March 15, 2004, to be paid in full on or before September 8, 2004, which is called the "maturity date." Because borrower may elect not to make any payments for up to the first six (6) months of this loan, I will make my monthly payments on the 15th day of each month beginning on or before March 15, 2004. I will make these payments every month until I have paid all of the principal and accrued interest, including all interest accrued from September 8, 2003 until March 15, 2004, or the date the loan is repaid in full, whichever is earlier, and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest. The interest rate required by this Section 2 is the rate I will pay before any default described in Section 5(B) of this Note. I will make my monthly payments to Rehab Investments, L.P., 211 Rock Hill Road, Annex 103, Bala Cynwyd, PA 19004 or at a different place if required by the Note Holder. My monthly payment will be $443.63. 3. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so, 7 (A) Late Charge for Overdue Payments I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, 4. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 5. BORROWER'S FAILURE TO PAY AS REQUIRED If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 15% of my overdue payment. I will pay this late charge promptly. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 20 days after the date on which the notice is delivered or mailed to me. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. 8 (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for cxample, all court costs and reasonable attorneys' fees. 6. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at 13 Wiltshire West, Carlisle, PA 17013 and 106 Portland Street, Mechanicsburg, PA 17055 or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) abovc or at a different address if! am given a notice of that different address. 7. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person or entity signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, the obligations being JOINT and SEVERAL. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 8. WAIVERS 1 and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 9. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed to Secure Debt (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. 9 '\ WITNESS THE HANO(S) AND SEAL(;2'E UNDERS~D ~.""'~ A a ~./Y; (Seal) ,effre, A. Yentzer Borrower j,J<' ')3-L'} ss;: VA If- i Rodger . Sprenkle, r. ~~~~wrf(- 6(J~ 30'lr (Seal) / I 10 , - f)<J, hi t 13 n" "I ,. " 1 r I'" c t IVc' V'I - I t,; - D r - CCi 2 r ,,"\ _-, DUJ 5758 MORTGAGE Jeffrey Ao Yentzer And Rodger Ho Sprenkle, Jr. (hereinafter individually and collectively called "Mortgagors") and Rehab Investments, LoP. or assignee (hereinafter called "Mortgagee") WHEREAS Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note and/or Deed of Trust of even date herewith (hereinafter called the "Note" and "Deed" respectively) in favor of Mortgagee in the principal sum of Thirty Two Thousand Two Hundred Fourteen Dollars ($32,214.00) (hereinafter "loan amount") payable at the times therein set forth and under the terms and conditions therein contained, all of which are incorporated herein by reference, in the following manner: A. The sum of$32,214.00 to be paid to Mortgager/Borrower at closing. B. Within three days from the date of this Agreement, the sum of $-0- to be deposited by Mortgagee/Lender in a trust account at Wachovia Bank in the name of Rehab Funding. C, Mortgagor/Borrower and Mortgagee/Lender agree that all monies deposited into the trust account are pledged as collateral and as reimbursement of payment by Mortgagor/Borrower for services rendered by contractors in connection with renovations and improvement to 724 Princess Street, York, Pennsylvania. Subject to the default provisions set forth below and in the attached Note and Deed, Mortgagor/Borrower and 1\rfortgageejLender agree that no monies ~.vill be \'t.rithdrav./l1 from the trust account for any other purposes. WHEREAS, in the event Mortgagor should become in default of this agreement, Guarantors hereby agree to assume all obligations and liabilities of Mortgagor including those set forth in the Mortgage and Note, and all addendums thereto, for the property located at 724 Princess Street, York, Pennsylvania. NOW THIS MORTGAGE WITNESSETH, that, in consideration for the aforesaid principal sum as security for the payment thereof, together with all other sums recoverable by Mortgagee under the terms of said Note and of this Mortgage, Mortgagor does hereby mortgage, grant and convey, with power of sale, unto mortgagee, and does agree that Mortgagee shall have a security interest in 724 Princess Street, York, Pennsylvania, TO HAVE AND TO HOLD said property, hereby granted, or mentioned and intended so to be, with the appurtenances (such property and appurtenances being hereinafter referred to together as the "Mortgaged Property"), unto Mortgagee, to her own use forever. I'f' IJ 160B 5759 1. Until the entire indebtedness secured by this Mortgage, including all sums due Mortgagee under the terms of this Mortgage and of the Note, is fully paid, Mortgagor covenants and agrees: (al. To provide evidence of the timely payment of any and all annual real estate taxes assessed or to be assessed against the Mortgaged Property. (b). To maintain fire and extended coverage hazard insurance on the Mortgaged property, in the amount of at least $32,214.00 in such companies as are satisfactory to Mortgagee, and if said insurance or any part thereof shall expire, or be withdrawn, or become void by breach of any condition thereof by Mortgagor, or become void or unsafe by reason of the failure, or impairment of the capital of any company in which said insurance may then be, or if for any other reason whatsoever said insurance shall become unsatisfactory to Mortgagee, to effect new insurance on said Mortgaged Property satisfactory to Mortgagee and to lodge with Mortgagee as further security for said indebtedness, all policies therefore, with standard non- contributory mortgagee clauses attached in favor of and acceptable to Mortgagee and clauses providing for at least 30 days prior written notice to Mortgagee, and Mortgagee may make proof of loss if not made promptly by Mortgagor. Mortgagor hereby directs any insurance company concemed pay directly to Mortgagee, not in excess of the unpaid indebtedness, any monies which may become payable under such insurance, including return of unearned premium, such monies, or any part thereof, to be applied at the option of Mortgagee to said unpaid balance or to the repair of the property damaged; and Mortgagor appoints Mortgagee as attorney-in-fact to endorse any draft therefore. In the event of foreclosure of her Mortgage or other transfer of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right, title, and interest of Mortgagor to any insurance policies then in force covering the Mortgaged Property shall pass to the transferee of the Mortgaged Property; (c). Not to sell, convey, grant, assign, trarlsfer, lease or inte!'est therein, nor create, incur, assume or suffer to exist any mortgage, lien, charge, security interest or other encumbrances upon the Mortgaged Property or any part thereof which is prior or subordinate to the lien of this Mortgage without having obtained the prior written consent of Mortgagee which Mortgagee may, in its sole discretion, refuse to grant; (d). To maintain the Mortgaged Property in good repair, order and condition, not to commit or suffer waste with respect hereto, not to remove from the Mortgaged Property real estate fixtures, appliances and equipment of any nature covered by the lien of this mortgage or the security interest created hereby without having obtained the prior written consent of Mortgagee; not to make, install, or permit to be made or installed, any alterations, additions, improvements, fixtures, appliance or equipment of any nature to or in the mortgaged real estate without obtaining the prior written consent of mortgagee and to permit Mortgagee, or its agents, at any reasonable times to enter upon the mortgaged real estate and the buildings and improvements thereon erected for the purpose of inspecting and appraising the Mortgaged Property; 2 r " r, bUU J -16 0 (e). To comply with all laws, ordinances, regulations and orders relating to the Mortgaged Property of all Federal, State, Municipal, and other governmental, administrative, judicial or quasi-judicial authorities or those of the condominium association and to notify Mortgagee in writing promptly upon receiving any notice of failure to so comply; (f). To notify Mortgagee promptly upon receIving any notice of commencement of any proceedings for the condemnation for the Mortgaged Property, and to permit Mortgagee to participate in such proceeding and to receive all proceeds payable to Mortgagor as an award or in settlement up to the amount of the said indebtedness; (g). In the event of default hereunder or under said Note, to pay to Mortgagee on demand its costs and expenses in connection with the curing of any such default, the collection of sums secured hereby, or obtaining possession of the Mortgaged Property, including but not limited to costs of any title search and reasonable attorney's fees. (h). Not to allow the presence of any Hazardous Materials in, on or under the Mortgaged Property, except in amounts customarily utilized in connection with the rehabilitation work being performed (subject to the terms of this Mortgage) at the Mortgaged Property. In any event, any Hazardous Materials present at the Mortgaged Property shall be promptly removed by Mortgagor in accordance with all applicable laws. As used herein, "Hazardous Materials" shall mean any "hazardous substance" (as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act, and the rules and regulations promulgated pursuant thereto, as from time to time amended, or any other applicable state or local law), solid waste (as defined in the Resource Conservation and Recovery Act and the rules and regulations promulgated pursuant thereto, as from time to time amended), asbestos, contaminant, oil, radioactive or other materials, the removal of which from the Mortgaged Property is required or the maintenance of which on the Mortgaged Property is prohibited, restricted or regulated by any law, ordinance, rule, regulation, resolution or order of any local, state or federal agency, authority or governmental unit. (i). To indemnify, defend and hold harmless Mortgagee and its affiliates, officers, directors, partners, members, shareholders and agents (collectively, the "Indemnitees") from and against any and all loss, cost, expense or liability whatsoever incurred by any Indemnitee as a result of the breach by Mortgagor of any of the covenants contained in (a)-(h) above or any negligence of Mortgagor relating to the Mortgaged Property. 2. In the event Mortgagor, after ten (10) days written notice, should fail to pay said taxes, condominium fees, water and sewer rents, assessments, charges, claims, costs, expenses for fees or to maintain said insurance, or to make all necessary repairs to the Mortgaged Property, as all hereinbefore provided, Mortgagee may, at Mortgagee's sole option and without notice to Mortgagor, advance sums on behalf of Mortgagor in payment of said taxes, condominium fees, water and sewer rents, assessments, charges, claims, costs, expenses, fees, insurance and repairs, 3 1508 JIO which repairs Mortgagor hereby authorized Mortgagee to make without prejudice to the right of enforcement of the obligation of the Note, or the other remedies of Mortgagee as herein set forth, by reason of the failure of Mortgagor to make payment of the same; and all such sums so advanced by Mortgagee shall be added to and become a part of the indebtedness secured hereby and repayment thereof, with interest thereon from the date of disbursement at the rate of Eighteen percent (15%) per annum, may be enforced by Mortgagee against Mortgagor at any time, 3. If the payment of any installment of principal and/ or interest is not made on the date on which it shall fall due in accordance with the provisions of said Note, or in the performance of any of the terms, agreements or covenants contained in said Note or in this Mortgage, the Mortgagee may forthwith and without further delay: a. Declare immediately due and payable the entire principal sum of the Note and all other sums payable by Mortgagor to Mortgagee as are hereby secured and withdraw all remaining funds from the escrow account; and/or b. Enforce the Deed to Secure Debt or institute an action of mortgage foreclosure against the Mortgaged Property, or take such other action at law or in equity for the enforcement hereof and of said Note as the law may allow, and may proceed thereon to final judgment and execution thereon for the entire unpaid balance of the principal sum of the Note and for all other sums due Mortgagee in accordance with the provision hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, condominium fees, water or sewer rents, fines, impositions, charges or claims, insurance, or repairs to the Mortgaged Property, all costs of suit, together with interest on any judgment obtained by Mortgagee at the rate of Eighteen percent (15%) per annum from and after the date of any Sheriffs sale until actual payment is made by the Sheriff of the full amount due Mortgagee, and reasonable attorney's fees actually insured, for collection with further stay, and law, usage, or custom to the contrary notwithstanding; and/or institute an action of mortgage foreclosure against the Mortgaged Property, or take such other action at law or in equity for the enforcement hereof and of said Note as the law may allow, and may proceed thereon to final judgment and execution thereon for the entire unpaid balance of the principal sum of the Note and for all other sums due Mortgagee in accordance with the provision hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, condominium fees, water or sewer rents, fines, impositions, charges or claims, insurance, or repairs to the Mortgaged Property, all costs of suit, together with interest on any judgment obtained by Mortgagee at the rate of Eighteen percent (15%) per annum from and after the date of any Sheriffs sale until actual payment is made by the Sheriff of the full amount due Mortgagee, and reasonable attorney's fees actually insured, for collection with further stay, and law, usage, or custom to the contrary notwithstanding; and/or 4 c. Enter into possession of the Mortgaged Property, with or without legal action, and by force if necessary; collect all rents, issues and profits there from and, after deducting all costs of collection (including reasonable attorney's fee) and 1 C ~,(' loUd :.; -, 6 2 administration expense, apply the net rent, issues and profits, to the payment of taxes, condominium fees, water and sewer rents, fines, impositions, charges and claims, insurance premiums and all other carry charges, and to the maintenance, repair or restoration for the Mortgaged Property, or on account and in reduction of the principal and/or interest hereby secured, in such order and amounts as Mortgagee's sole discretion, may elect; and for said purpose Mortgagor hereby assigns to Mortgagee all rental due and to become due under any lease or leases of the Mortgaged Property whether now existing or hereafter created, as well as all rights and remedies provided in such lease or leases for the collection of said rents; and/ or d. Confess judgment as provided in the Note; and/ or e. The Mortgagor forfeits any refund and/or claim to any refund whatsoever of any deposit paid by Mortgagor to Mortgagee at settlement. 4. MORTGAGOR HEREBY AUTHORIZED AND EMPOWERS THE LAW FIRM OF SALTZ HOLLAENDER P.C., OR ANY ATTORNEY OF ANY COURT OF THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR MORTGAGOR AND AS ATTORNEY FOR MORTGAGOR TO SIGN AN AGREEMENT FOR ENTERING AN AMICABLE ACTION FOR EJECTION FOR POSSESSION TO THE MORTGAGED PROPERTY, AND TO CONFESS JUDGMENT THEREIN AGAINST MORTGAGOR IN FAVOR OF MORTGAGEE, WHERE UPON A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR THE POSSESSION TO THE MORTGAGED PROPERTY, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER; AND FOR SO DOING HIS MORTGAGE OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. MORTGAGEE MAY BRING SUCH AMICABLE ACTIONS IN EJECTION BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR AFTER JUDGMENT THEREOF OR IN SAID NOTE, OR AFTER SHERIFF'S SALE OF THE MORTGAGED PROPERTY. 5. The remedies of Mortgagee as provided herein, or in said Note, and all warrants of attorney herein and in said Note contained, shall be cumulative and concurrent, and may be pursued singly, successively, or together against Mortgagor and/ or the Mortgaged Property at the sole discretion of Mortgagee, and such warrants shall not be exhausted by any exercise thereof but may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no way be construed as a waiver or release of the same. 5 6. Mortgagor hereby waives and releases all errors, defects and imperfections in any proceeding instituted by Mortgagee under this Mortgage, as well as all benefits that might accrue to Mortgagor by virtue of any present or future laws exempting the Mortgaged Property or any part of the proceeds arising from any sale thereof, from attachment, levy or sale under the execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment. 7. If Mortgagor pays to Mortgagee said principal sum and all other sums payable by Mortgagor to Mortgagee as are hereby secured, in accordance with the provisions of said Note and in the manner and at times therein set forth, without I :f"' I":, lOUD J -/ S 3 deduction, fraud, or delay, then and from thenceforth this Mortgage, and the estate hereby granted, shaH cease and become void, anything herein contained to the contrary notwithstanding, and Mortgagee, at Mortgagor's expense, shall discharge and satisfy same of record. 8. The words "Mortgagor" and "Mortgagee" whenever occurring herein shall be deemed and construed to include the respective heirs, personal representatives, successors and assigns of Mortgagor and Mortgagee; and if there shall be more than one Mortgagor, the obligation of each shall be joint and several. 9. This Mortgage shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. 10. If any provision of this Mortgage or the Note is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent not prohibited or unenforceable nor render unenforceable such provision. 11. All notices given hereunder shall be given by United States registered or certified mail, return receipt requested, addressed as foHows: If to Mortgagor to: Jeffrey A. Yentzer 13 Wiltshire West Carlisle, PA 17013 and Rodger H. Sprenkle, Jr. 106 Portland Street Mechanicsburg, PA 17055 If to Mortgagee: Rehab Investments, L.P. 211 Rock Hill Road, Annex 103 Bala Cynwyd, PA 19004 IN WITNESS WHEREOF, Mortgagors and Guarantors (if applicable) have duly executed this Mortgage under seal. Date: f- i:( cJ!5 ---...---:: /~) ,() ( ''"' ~/ Not~G. // "~ 6 ,.'-"- I .... ,~; <"':' IbUO - -,,~ 1- JIO'i/ BALLOON RIDER READ CAREFULLY THE LOAN MADE TODAY BY Rehab Investments, L,P. IN THE PRINCIPAL AMOUNT OF $32,214.00 IS PAYABLE IN FULL ON OR BEFORE September 8,2004. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. Rehab Investments, L.P. ARE UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY OR MAY NOT BE WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM Rehab Investments, L.P. The undersigned borrowers warrant and represent that they have read and fully understand the above disclosure. The undersIgned borrowers al~O ac pwledge receipt of a copy of this disclosure. /"/ /" f ,1- -c 3 ? /7 (' / --, Date Jeffrey A. Yentzer This // 0' ~ 1/1 .' . A :. 'fJt.il'.tU//.(..{t/Z1.!5) V'lhtness I ~ / ,200_. ............,-.._, \_-"v _ ; \S08 COMMONWEAL TH OF PENNSYL VANIA 55. COUNTY OF CUMBERLAND 51Stf On this 8th day of September, 2003, before me, a Notary Public, personally appeared JEFFREY A. YENTZER and RODGER H. SPRENKLE, JR., known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. ,~/t\ '"ii /_:, r.',' Notary Public I :~{jj'l_ j' NOTARI~L SEAL Stephanie M, Rider, Notary Public Camp Hi!l, Cumberland County My Commission Expires Oct, 31,2005 I Certify This Document To Be ~ Re~nrdFd' In York County, t'a. ~. .J~ _... ~ .--;~ /",-,,-_:-. ."""', .. : -' '.~:.\ ~/I'/ " \,\ ~ ., " \ _'. '-" '. \'1 .". , ") \\{";&'~.:"",...." '\.:,.--- . ,<~:...'< ~- ( /'-', /' .' . ',../. ,..;, .' ',-c' ,,-.. "'^r ! J',':J<.J-'" tl I J~"'/ '.------- / . l-w..:-u~a.er ofDeed8 '" '" '" ." ," '" '" '" '" '" '" ," '" ,=- -=,: '" C,O r<1 ." - ~ ,..; '" ~ M N a ,.., .:J !: - ;; ~ N ~ - - '" L.U eo; ~ - - <=> r-.. 0 <t w ~;:-<t '" w w a'-_ >:: .:J '" N '-" w %z :::> <=> z c- '" ,-,-:::J<I: '" N 0 >- ~. w '" u.J oa:> '" ~ = w w = .... .::) w . .:J :::> w '" >< L.U c- '" 0 .:...;. -1 '" '" 0 0 W L.U = " :::> .... ~ '" >- u.J .... '" '<l .. .... % "- ~ .... 'i! 0-, '" '" UJ;:o,::: en >:: 0 w " :::> w "'''''% :::> r'l ,-"' ::) f'. '" L.U '" .... ':..s " - " >- a::;oz '" w '" -' w '-" - ~ - - '" .... 0 '" 11', w 1li! '" z '" = '" - O>-!..I.l = '''>w >:: Q "" '''> M = " "- ;::; ~i ,.; .. ,:..;. ~.,..:. '" :::> >- "" - :.u <C_ '" '" '" u.J .... = '" '" N U r;. ~.... ~ 0 .... ~ ~ ;;. - ~'" ;;:: ~ = '" '" ,~ :=-::::> '-!:: ,~ .... <=> <=> '" "" ,~,).::'f:::' ..... (' ); ,;', ,~ 1508 5-1&5 ALL THAT CERTAIN lot or piece of ground, with the improvements thereon erected, situate on the South side of and known as No. 724 West Princess Street, Ninth Ward, City of York, Pennsylvania, bounded, limited and described as follows, to wit: ON THE EAST by property now or formerly of Irvin C, Bookman; on the South by a twenty (20) feet wide alley known as Heighes Alley; on the West by property now or formerly of Ferdinand Witmer; on the North by said West Princess Street, Containing in frontage on said West Princess Street sixteen (16) feet, six (6) inches, and extending in depth Southward of uniform width throughout a distance of one hundred (100) feet to said Alley on the South, Together with the right of egress, ingress and regress in, through and over a private alley two (2) feet and four (4) inches in width and about thirty-five (35) feet in depth, running between the property hereby conveyed and the one on the West, one-haif of said alley having been taken from each of the said properties, io be kept open. cleaned and in repair at the joint expense of said adjoining property owners, and which is for their joint use, (PH03286 _ SAP/PH03286 _ SAP/28) D U-J ," () 3 JOJ YORK COUNTY ";jii~iJr" 0282430 filed 1\,0 e'l -21(.; n - eel3 MORTGAGE Jeffrey A. Yentzer And Rodger H. Sprenkle, Jr. (hereinafter individually and collectively called "Mortgagors") and , /1 fJ I Rehab Investments, LoP. or assignee (hereinafter called "Mortgagee") WHEREAS Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note and/or Deed of Trust of even date herewith (hereinafter called the "Note" and "Deed" respectively) in favor of Mortgagee in the principal sum of Thirty Eight Thousand Eight Hundred Fifty Two Dollars ($33,852.00) (hereinafter "loan amount") payable at the times therein set forth and under the terms and conditions therein contained, all of which are incorporated herein by reference, in the following manner: A. The sum of $33,852.00 to be paid to Mortgager/Borrower at closing. B. Within three days from the date of this Agreement, the sum of $-0- to be deposited by Mortgagee/Lender in a trust account at Wachovia Bank in the name of Rehab Funding. C. Mortgagor /Borrower and Mortgagee/Lender agree that all monies deposited into the trust account are pledged as collateral and as reimbursement of payment by Mortgagor/Borrower for services rendered by contractors in connection with renovations and improvement to 726 Princess Street, York, Pennsylvania. Subject to the default provisions set forth below and in the attached Note and Deed, Mortgagor/Borrower and Mortgagee/Lender agree that no monies will be withdrawn from the trust account for any other purposes. WHEREAS, in the event Mortgagor should become in default of this agreement, Guarantors hereby agree to assume all obligations and liabilities of Mortgagor including those set forth in the Mortgage and Note, and all addendums thereto, for the property located at 726 Princess Street, York, Pennsylvania. NOW THIS MORTGAGE WITNESSETH, that, in consideration for the aforesaid principal sum as security for the payment thereof, together with all other sums recoverable by Mortgagee under the terms of said Note and of this Mortgage, Mortgagor does hereby mortgage, grant and convey, with power of sale, unto mortgagee, and does agree that Mortgagee shall have a security interest in 726 Princess Street, York, Pennsylvania. TO HAVE AND TO HOLD said property, hereby granted, or mentioned and intended so to be, with the appurtenances (such property and appurtenances being hereinafter referred to together as the "Mortgaged Property"), unto Mortgagee, to her own use forever. - ('1 ,- o l) ,) - 9' o!j 4 1, Until the entire indebtedness secured by this Mortgage, including all sums due Mortgagee under the terms of this Mortgage and of the Note, is fully paid, Mortgagor covenants and agrees: (a). To provide evidence of the timely payment of any and all annual real estate taxes assessed or to be assessed against the Mortgaged Property. (b).To maintain fire and extended coverage hazard insurance on the Mortgaged property, in the amount of at least $33,852.00 in such companies as are satisfactory to Mortgagee, and if said insurance or any part thereof shall expire, or be withdrawn, or become void by breach of any condition thereof by Mortgagor, or become void or unsafe by reason of the failure, or impairment of the capital of any company in which said insurance may then be, or if for any other reason whatsoever said insurance shall become unsatisfactory to Mortgagee, to effect new insurance on said Mortgaged Property satisfactory to Mortgagee and to lodge with Mortgagee as further security for said indebtedness, all policies therefore, with standard non- contributory mortgagee clauses attached in favor of and acceptable to Mortgagee and clauses providing for at least 30 days prior written notice to Mortgagee, and Mortgagee may make proof of loss if not made promptly by Mortgagor. Mortgagor hereby directs any insurance company concerned pay directly to Mortgagee, not in excess of the unpaid indebtedness, any monies which may become payable under such insurance, including return of unearned premium, such monies, or any part thereof, to be applied at the option of Mortgagee to said unpaid balance or to the repair of the property damaged; and Mortgagor appoints Mortgagee as attorney-in-fact to endorse any draft therefore. In the event of foreclosure of her Mortgage or other transfer of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right, title, and interest of Mortgagor to any insurance policies then in force covering the Mortgaged Property shall pass to the transferee of the Mortgaged Property; (c). Not to sell, convey, grant, assign, transfer, lease or interest therein, nor create, incur, assume or suffer to exist any mortgage, lien, charge, security interest or other encumbrances upon the Mortgaged Property or any part thereof which is prior or subordinate to the lien of this Mortgage without having obtained the prior written consent of Mortgagee which Mortgagee may, in its sole discretion, refuse to grant; (d). To maintain the Mortgaged Property in good repair, order and condition, not to commit or suffer waste with respect hereto, not to remove from the Mortgaged Property real estate fixtures, appliances and equipment of any nature covered by the lien of this mortgage or the security interest created hereby without having obtained the prior written consent of Mortgagee; not to make, install, or permit to be made or installed, any alterations, additions, improvements, fixtures, appliance or equipment of any nature to or in the mortgaged real estate without obtaining the prior written consent of mortgagee and to permit Mortgagee, or its agents, at any reasonable times to enter upon the mortgaged real estate and the buildings and improvements thereon erected for the purpose of inspecting and appraising the Mortgaged Property; 2 0'. I " --~ uu '.' G 95 (e). To comply with all laws, ordinances, regulations and orders relating to the Mortgaged Property of all Federal, State, Municipal, and other governmental, administrative, judicial or quasi-judicial authorities or those of the condominium association and to notify Mortgagee in writing promptly upon receiving any notice of failure to so comply: (f). To notify Mortgagee promptly upon reCelVIng any notice of commencement of any proceedings for the condemnation for the Mortgaged Property, and to permit Mortgagee to participate in such proceeding and to receive all proceeds payable to Mortgagor as an award or in settlement up to the amount of the said indebtedness; (g). In the event of default hereunder or under said Note, to pay to Mortgagee on demand its costs and expenses in connection with the curing of any such default, the collection of sums secured hereby, or obtaining possession of the Mortgaged Property, including but not limited to costs of any title search and reasonable attorney's fees. (h). Not to allow the presence of any Hazardous Materials in, on or under the Mortgaged Property, except in amounts customarily utilized in connection with the rehabilitation work being performed (subject to the terms of this Mortgage) at the Mortgaged Property. In any event, any Hazardous Materials present at the Mortgaged Property shall be promptly removed by Mortgagor in accordance with all applicable laws. As used herein, "Hazardous Materials" shall mean any "hazardous substance" (as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act, and the rules and regulations promulgated pursuant thereto, as from time to time amended, or any other applicable state or local law), solid waste (as defined in the Resource Conservation and Recovery Act and the rules and regulations promulgated pursuant thereto, as from time to time amended), asbestos, contaminant, oil, radioactive or other materials, the removal of which from the Mortgaged Property is required or the maintenance of which on the Mortgaged Property is prohibited, restricted or regulated by any law, ordinance, rule, regulation, resolution or order of any local, state or federal agency, authority or governmental unit. (i). To indemnify, defend and hold harmless Mortgagee and its affiliates, officers, directors, partners, members, shareholders and agents (collectively, the "Indemnitees") from and against any and al11oss, cost, expense or liability whatsoever incurred by any Indemnitee as a result of the breach by Mortgagor of any of the covenants contained in (a)-(h) above or any negligence of Mortgagor relating to the Mortgaged Property. 2. In the event Mortgagor, after ten (10) days written notice, should fail to pay said taxes, condominium fees, water and sewer rents, assessments, charges, claims, costs, expenses for fees or to maintain said insurance, or to make all necessary repairs to the Mortgaged Property, as all hereinbefore provided, Mortgagee may, at Mortgagee's sole option and without notice to Mortgagor, advance sums on behalf of Mortgagor in payment of said taxes, condominium fees, water and sewer rents, assessments, charges, claims, costs, expenses, fees, insurance and repairs, 3 . ' bUJ , c' 9 '" JJ 0 which repairs Mortgagor hereby authorized Mortgagee to make without prejudice to the right of enforcement of the obligation of the Note, or the other remedies of Mortgagee as herein set forth, by reason of the failure of Mortgagor to make payment of the same; and all such sums so advanced by Mortgagee shall be added to and become a part of the indebtedness secured hereby and repayment thereof, with interest thereon from the date of disbursement at the rate of Eighteen percent (15%) per annum, may be enforced by Mortgagee against Mortgagor at any time, 3. If the payment of any installment of principal and/ or interest is not made on the date on which it shall fall due in accordance with the provisions of said Note, or in the performance of any of the terms, agreements or covenants contained in said Note or in this Mortgage, the Mortgagee may forthwith and without further delay: a. Declare immediately due and payable the entire principal sum of the Note and all other sums payable by Mortgagor to Mortgagee as are hereby secured and withdraw all remaining funds from the escrow account; and/or b. Enforce the Deed to Secure Debt or institute an action of mortgage foreclosure against the Mortgaged Property, or take such other action at law or in equity for the enforcement hereof and of said Note as the law may allow, and may proceed thereon to final judgment and execution thereon for the entire unpaid balance of the principal sum of the Note and for all other sums due Mortgagee in accordance with the provision hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, condominium fees, water or sewer rents, fines, impositions, charges or claims, insurance, or repairs to the Mortgaged Property, all costs of suit, together with interest on any judgment obtained by Mortgagee at the rate of Eighteen percent (15%) per annum from and after the date of any Sheriff's sale until actual payment is made by the Sheriff of the full amount due Mortgagee, and reasonable attorney's fees actually insured, for collection with further stay, and law, usage, or custom to the contrary notwithstanding; and/or institute an action of mortgage foreclosure against the Mortgaged Property, or take such other action at law or in equity for the enforcement hereof and of said Note as the law may allow, and may proceed thereon to final judgment and execution thereon for the entire unpaid balance of the principal sum of the Note and for all other sums due Mortgagee in accordance with the provision hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, condominium fees, water or sewer rents, fines, impositions, charges or claims, insurance, or repairs to the Mortgaged Property, all costs of suit, together with interest on any judgment obtained by Mortgagee at the rate of Eighteen percent (15%) per annum from and after the date of any Sheriff's sale until actual payment is made by the Sheriff of the full amount due Mortgagee, and reasonable attorney's fees actually insured, for collection with further stay, and law, usage, or custom to the contrary notwithstanding; and/or c. Enter into possession of the Mortgaged Property, with or without legal action, and by force if necessary; collect all rents, issues and profits there from and, after deducting all costs of collection (including reasonable attorney's fee) and 4 G (J ;j ~ - ~ 7 0;J j administration expense, apply the net rent, issues and profits, to the payment of taxes, condominium fees, water and sewer rents, fines, impositions, charges and claims, insurance premiums and all other carry charges, and to the maintenance, repair or restoration for the Mortgaged Property, or on account and in reduction of the principal and/or interest hereby secured, in such order and amounts as Mortgagee's sole discretion, may elect; and for said purpose Mortgagor hereby assigns to Mortgagee all rental due and to become due under any lease or leases of the Mortgaged Property whether now existing or hereafter created, as well as all rights and remedies provided in such lease or leases for the collection of said rents; and/ or d. Confess judgment as provided in the Note; and/ or e. The Mortgagor forfeits any refund and/or claim to any refund whatsoever of any deposit paid by Mortgagor to Mortgagee at settlement. 4. MORTGAGOR HEREBY AUTHORIZED AND EMPOWERS THE LAW FIRM OF SALTZ HOLLAENDER P.C., OR ANY ATIORNEY OF ANY COURT OF THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR MORTGAGOR AND AS ATIORNEY FOR MORTGAGOR TO SIGN AN AGREEMENT FOR ENTERING AN AMICABLE ACTION FOR EJECTION FOR POSSESSION TO THE MORTGAGED PROPERTY, AND TO CONFESS JUDGMENT THEREIN AGAINST MORTGAGOR IN FAVOR OF MORTGAGEE, WHERE UPON A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR THE POSSESSION TO THE MORTGAGED PROPERTY, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER; AND FOR SO DOING HIS MORTGAGE OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. MORTGAGEE MAY BRING SUCH AMICABLE ACTIONS IN EJECTION BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR AFTER JUDGMENT THEREOF OR IN SAID NOTE, OR AFTER SHERIFF'S SALE OF THE MORTGAGED PROPERTY. 5. The remedies of Mortgagee as provided herein, or in said Note, and all warrants of attorney herein and in said Note contained, shall be cumulative and concurrent, and may be pursued singly, successively, or together against Mortgagor and/ or the Mortgaged Property at the sole discretion of Mortgagee, and such warrants shall not be exhausted by any exercise thereof but may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no way be construed as a waiver or release of the same. 6. Mortgagor hereby waives and releases all errors, defects and imperfections in any proceeding instituted by Mortgagee under this Mortgage, as well as all benefits that might accrue to Mortgagor by virtue of any present or future laws exempting the Mortgaged Property or any part of the proceeds arising from any sale thereof, from attachment, levy or sale under the execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment. 7. If Mortgagor pays to Mortgagee said principal sum and all other sums payable by Mortgagor to Mortgagee as are hereby secured, in accordance with the provisions of said Note and in the manner and at times therein set forth, without 5 ,'" r ,~ ,~-, oJ \.) ) 'j U LJU deduction, fraud, or delay, then and from thenceforth this Mortgage, and the estate hereby granted, shall cease and become void, anything herein contained to the contrary notwithstanding, and Mortgagee, at Mortgagor's expense, shall discharge and satisfy same of record. 8. The words "Mortgagor" and "Mortgagee" whenever occurring herein shall be deemed and construed to include the respective heirs, personal representatives, successors and assigns of Mortgagor and Mortgagee; and if there shall be more than one Mortgagor, the obligation of each shall be joint and several. 9. This Mortgage shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. 10. If any provision of this Mortgage or the Note is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent not prohibited or unenforceable nor render unenforceable such provision. 11. All notices given hereunder shall be given by United States registered or certified mail, return receipt requested, addressed as follows: If to Mortgagor to: Jeffrey A. Yentzer 13 Wiltshire West Carlisle, PA 17013 and Rodger H. Sprenkle, Jr. 106 Portland Street Mechanicsburg, PA 17055 If to Mortgagee: Rehab Investments, L.P. 211 Rock Hill Road, Annex 103 Bala Cynwyd, PA 19004 _ IN WITNESS WHEREOF, Mortgagors and Guarantors (if applicable) have duly executed this Mortgage under seal., .. />. /: (1'/8 /0 f'.,/~-" C~i v# Date: _, _, !<:_/ -7'-< -7 I' "---., ~n : Y:~tzer_ N:X Rod, H. Sp> 6 1- /"- .- I U U) -I' u" 0 c BALLOON RIDER READ CAREFULLY THE LOAN MADE TODAY BY Rehab Investments, L.P. IN THE PRINCIPAL AMOUNT OF $33,852.00 IS PAYABLE IN FULL ON OR BEFORE September 8, 2004. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. Rehab Investments, L.P, ARE UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY OR MAY NOT BE WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM Rehab Investments, L.P. The undersigned borrowers warrant and represent that they have ref(d and fully understand the above disclosure. The undersigned borrowers also iicknowledge receipt of a eopy of this disclosure. "/7 /' /' /'l r r ~- c;~g;, (/ ( Date I .- \~1!fj'ItLi. it! tA(l~(;j ~Jv- Witness . -,) ~-' ~. This -'X ' 200_. ,,/" ------~ N 9lary Pu b lie 60G 5701 COMMONWEAL TH OF PENNSYL VANIA : 55. COUNTY OF CUMBERLAND On this 8th day of September, 2003, before me, a Notary Public, personally appeared JEFFREY A. YENTZER and RODGER H. SPRENKLE, JR., known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. I; ! \' '\" ,,..'i. -/L, '/' ./ Notary Public i" / i,/I_;/--2 "1'- ;}", NOT A.P.iAL SEAL Stephanie M, Ricer, Notary Pubiic Camp Hili, Cumberland County My Commission Expires Oct. 31, 2005 i..: I " l'" ': I l) I '...) " c' ,-' 13 "" Li <,- l~) '.~! -I ALL THAT CERTAIN lot or piece of ground, situate on the South side of West Princess Street, in the said City of York, Pennsylvania, adjoining West Princess Street on the North, property of Frieda Holtzapple on the East, property of John E. Gillespie and Irene C, Gillespie, his wife, on the West and a twenty (20) foot wide alley on the South, containing in front on said West Princess Street, sixteen (16) feet and six (6) inches more or less, and extending in length or depth southwardly, the same width one hundred (100) feet more or less to said alley, A private alley, two (2) feet and four (4) inches in width and about thirty-five (35) feet in depth runs between the house on the lot hereby conveyed and the one adjoining on the East, one half of said alley in width being taken from each of said properties, to be kept open, clean, and in repair, at the joint expense of the abutting lot owners and is for their Joint use. ';,'F' ,~:'i: I'~" 'V'_' .- ,., ,'~,Jnl:;_j. I Certify This Document To Be Recorded In York County, Pa. /~ ~_.~" ;[.,,:" ;"')., :.~,.-:, '0"'<\ , <- ,"i',' :'\ ( /' _ ''--''\''," -. ,- ~-'l 1,_ I~\~"".'.,./\ ~I " -(:'d">r;P~' 4~' .1. , --/i'~v r~;' 1-. ".1i~T.->i "'S.o "~' .,.,.. JU.'corder of Deedll ,....cc'.;r-."\'1. (PH03287 .SAP.PFD/PH03287 .SAP/31) YORK COUNTY "jill/i/f" 0282433 Jeffrey A. Yentzer And Rodger H. Sprenkle, Jr. (hereinafter individually and collectively called "Mortgagors") 1(. n- OUO - ,-- 8 uOJr r:'{),-f~,C/ he Ct-l.21L- (. ('. (CI~ MORTGAGE and Rehab Investments, L.Po or assignee (hereinafter called "Mortgagee") WHEREAS Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note and/or Deed of Trust of even date herewith (hereinafter called the "Note" and "Deed" respectively) in favor of Mortgagee in the principal sum of Thirty Five Thousand Four Hundred Ninety Dollars ($35,490.00) (hereinafter "loan amount") payable at the times therein set forth and under the terms and conditions therein contained, all of which are incorporated herein by reference, in the following manner: A. The sum of $35,490.00 to be paid to Mortgager/Borrower at closing, B. Within three days from the date of this Agreement, the sum of $-0- to be deposited by Mortgagee/Lender in a trust account at Wachovia Bank in the name of Rehab Funding. C. Mortgagor /Borrower and Mortgagee/Lender agree that all monies deposited into the trust account are pledged as collateral and as reimbursement of payment by Mortgagor/Borrower for services rendered by contractors in connection with renovations and improvement to 728 Princess Street, York, Pennsylvania. Subject to the default provisions set forth below and in the attached Note and Deed, Mortgagor/Borrower and Mortgagee/Lender agree that no monies will be withdrawn from the trust account for any other purposes. WHEREAS, in the event Mortgagor should become in default of this agreement, Guarantors hereby agree to assume all obligations and liabilities of Mortgagor including those set forth in the Mortgage and Note, and all addendums thereto, for the property located at 728 Princess Street, York, Pennsylvania. NOW THIS MORTGAGE WITNESSETH, that, in consideration for the aforesaid principal sum as security for the payment thereof, together with all other sums recoverable by Mortgagee under the terms of said Note and of this Mortgage, Mortgagor does hereby mortgage, grant and convey, with power of sale, unto mortgagee, and does agree that Mortgagee shall have a security interest in 728 Princess Street, York, Pennsylvania. TO HAVE AND TO HOLD said property, hereby granted, or mentioned and intended so to be, with the appurtenances (such property and appurtenances being hereinafter referred to together as the "Mortgaged Property"), unto Mortgagee, to her own use forever. r .'"", .... DUb 5559 1. Until the entire indebtedness secured by this Mortgage, including all sums due Mortgagee under the terms of this Mortgage and of the Note, is fully paid, Mortgagor covenants and agrees: (a). To provide evidence of the timely payment of any and all annual real estate taxes assessed or to be assessed against the Mortgaged Property. (b). To maintain fire and extended coverage hazard insurance on the Mortgaged property, in the amount of at least $35,490.00 in such companies as are satisfactory to Mortgagee, and if said insurance or any part thereof shall expire, or be withdrawn, or become void by breach of any condition thereof by Mortgagor, or become void or unsafe by reason of the failure, or impairment of the capital of any company in which said insurance may then be, or if for any other reason whatsoever said insurance shall become unsatisfactory to Mortgagee, to effect new insurance on said Mortgaged Property satisfactory to Mortgagee and to lodge with Mortgagee as further security for said indebtedness, all policies therefore, with standard non- contributory mortgagee clauses attached in favor of and acceptable to Mortgagee and clauses providing for at least 30 days prior written notice to Mortgagee, and Mortgagee may make proof of loss if not made promptly by Mortgagor. Mortgagor hereby directs any insurance company concerned pay directly to Mortgagee, not in excess of the unpaid indebtedness, any monies which may become payable under such insurance, including return of unearned premium, such monies, or any part thereof, to be applied at the option of Mortgagee to said unpaid balance or to the repair of the property damaged; and Mortgagor appoints Mortgagee as attorney-in-fact to endorse any draft therefore. In the event of foreclosure of her Mortgage or other transfer of title to the Mortgaged Property in extinguishment of the indebtedness secured hereby, all right, title, and interest of Mortgagor to any insurance policies then in force covering the Mortgaged Property shall pass to the transferee of the Mortgaged Property; (c). Not to sell, convey, grant, assign, transfer, lease or interest therein, nor create, incur, assume or suffer to exist any mortgage, lien, charge, security interest or other encumbrances upon the Mortgaged Property or any part thereof which is prior or subordinate to the lien of this Mortgage without having obtained the prior written consent of Mortgagee which Mortgagee may, in its sole discretion, refuse to grant; (d). To maintain the Mortgaged Property in good repair, order and condition, not to commit or suffer waste with respect hereto, not to remove from the Mortgaged Property real estate fixtures, appliances and equipment of any nature covered by the lien of this mortgage or the security interest created hereby without having obtained the prior written consent of Mortgagee; not to make, install, or permit to be made or installed, any alterations, additions, improvements, fixtures, appliance or equipment of any nature to or in the mortgaged real estate without obtaining the prior written consent of mortgagee and to permit Mortgagee, or its agents, at any reasonable times to enter upon the mortgaged real estate and the buildings and improvements thereon erected for the purpose of inspecting and appraising the Mortgaged Property; 2 r .'-.' ,"~ louu SGGO (e). To comply with all laws, ordinances, regulations and orders relating to the Mortgaged Property of all Federal, State, Municipal, and other governmental, administrative, judicial or quasi-judicial authorities or those of the condominium association and to notify Mortgagee in writing promptly upon receiving any notice of failure to so comply; (l]. To notify Mortgagee promptly upon recelvmg any notice of commencement of any proceedings for the condemnation for the Mortgaged Property, and to permit Mortgagee to participate in such proceeding and to receive all proceeds payable to Mortgagor as an award or in settlement up to the amount of the said indebtedness; (g). In the event of default hereunder or under said Note, to pay to Mortgagee on demand its costs and expenses in connection with the curing of any such default, the collection of sums secured hereby, or obtaining possession of the Mortgaged Property, including but not limited to costs of any title search and reasonable attorney's fees. (h). Not to allow the presence of any Hazardous Materials in, on or under the Mortgaged Property, except in amounts customarily utilized in connection with the rehabilitation work being performed (subject to the terms of this Mortgage) at the Mortgaged Property, In any event, any Hazardous Materials present at the Mortgaged Property shall be promptly removed by Mortgagor in accordance with all applicable laws. As used herein, "Hazardous Materials" shall mean any "hazardous substance" (as that term is defined in the Comprehensive Environmental Response, Compensation, and Liability Act, and the rules and regulations promulgated pursuant thereto, as from time to time amended, or any other applicable state or local law), solid waste (as defined in the Resource Conservation and Recovery Act and the rules and regulations promulgated pursuant thereto, as from time to time amended), asbestos, contaminant, oil, radioactive or other materials, the removal of which from the Mortgaged Property is required or the maintenance of which on the Mortgaged Property is prohibited, restricted or regulated by any law, ordinance, rule, regulation, resolution or order of any local, state or federal agency, authority or governmental unit. (i). To indemnify, defend and hold harmless Mortgagee and its affiliates, officers, directors, partners, members, shareholders and agents (collectively, the "Indemnitees") from and against any and all loss, cost, expense or liability whatsoever incurred by any Indemnitee as a result of the breach by Mortgagor of any of the covenants contained in (a)-(h) above or any negligence of Mortgagor relating to the Mortgaged Property, 2. In the event Mortgagor, after ten (10) days written notice, should fail to pay said taxes, condominium fees, water and sewer rents, assessments, charges, claims, costs, expenses for fees or to maintain said insurance, or to make all necessary repairs to the Mortgaged Property, as all hereinbefore provided, Mortgagee may, at Mortgagee's sole option and without notice to Mortgagor, advance sums on behalf of Mortgagor in payment of said taxes, condominium fees, water and sewer rents, assessments, charges, claims, costs, expenses, fees, insurance and repairs, 3 I r "-..- I [) l" J ,-- , I obb which repairs Mortgagor hereby authorized Mortgagee to make without prejudice to the right of enforcement of the obligation of the Note, or the other remedies of Mortgagee as herein set forth, by reason of the failure of Mortgagor to make payment of the same; and all such sums so advanced by Mortgagee shall be added to and become a part of the indebtedness secured hereby and repayment thereof, with interest thereon from the date of disbursement at the rate of Eighteen percent (15%) per annum, may be enforced by Mortgagee against Mortgagor at any time. 3. If the payment of any installment of principal andJ or interest is not made on the date on which it shall fall due in accordance with the provisions of said Note, or in the performance of any of the terms, agreements or covenants contained in said Note or in this Mortgage, the Mortgagee may forthwith and without further delay: a. Declare immediately due and payable the entire principal sum of the Note and all other sums payable by Mortgagor to Mortgagee as are hereby secured and withdraw all remaining funds from the escrow account; andJ or b. Enforce the Deed to Secure Debt or institute an action of mortgage foreclosure against the Mortgaged Property, or take such other action at law or in equity for the enforcement hereof and of said Note as the law may allow, and may proceed thereon to final judgment and execution thereon for the entire unpaid balance of the principal sum of the Note and for all other sums due Mortgagee in accordance with the provision hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, condominium fees, water or sewer rents, fines, impositions, charges or claims, insurance, or repairs to the Mortgaged Property, all costs of suit, together with interest on any judgment obtained by Mortgagee at the rate of Eighteen percent (15%) per annum from and after the date of any Sheriffs sale until actual payment is made by the Sheriff of the full amount due Mortgagee, and reasonable attorney's fees actually insured, for collection with further stay, and law, usage, or custom to the contrary notwithstanding; andJor institute an action of mortgage foreclosure against the Mortgaged Property, or take such other action at law or in equity for the enforcement hereof and of said Note as the law may allow, and may proceed thereon to final judgment and execution thereon for the entire unpaid balance of the principal sum of the Note and for all other sums due Mortgagee in accordance with the provision hereof and of said Note, including all sums which may have been loaned by Mortgagee to Mortgagor after the date of this Mortgage, and all sums which may have been advanced by Mortgagee for taxes, condominium fees, water or sewer rents, fines, impositions, charges or claims, insurance, or repairs to the Mortgaged Property, all costs of suit, together with interest on any judgment obtained by Mortgagee at the rate of Eighteen percent (15%) per annum from and after the date of any Sheriffs sale until actual payment is made by the Sherif[ of the full amount due Mortgagee, and reasonable attorney's fees actually insured, for collection with further stay, and law, usage, or custom to the contrary notwithstanding; andJ or c. Enter into possession of the Mortgaged Property, with or without legal action, and by force if necessary; collect all rents, issues and profits there from and, after deducting all costs of collection (including reasonable attorney's fee) and 4 .)',-:: , . I - 0 " o 1 U 6652 administration expense, apply the net rent, issues and profits, to the payment of taxes, condominium fees, water and sewer rents, fines, impositions, charges and claims, insurance premiums and all other carry charges, and to the maintenance, repair or restoration for the Mortgaged Property, or on account and in reduction of the principal and/or interest hereby secured, in such order and amounts as Mortgagee's sole discretion, may elect; and for said purpose Mortgagor hereby assigns to Mortgagee all rental due and to become due under any lease or leases of the Mortgaged Property whether now existing or hereafter created, as well as all rights and remedies provided in such lease or leases for the collection of said rents; and/ or d. Confess judgment as provided in the Note; and/ or e. The Mortgagor forfeits any refund and/or claim to any refund whatsoever of any deposit paid by Mortgagor to Mortgagee at settlement. 4. MORTGAGOR HEREBY AUTHORIZED AND EMPOWERS THE LAW FIRM OF SALTZ HOLLAENDER P.C., OR ANY ATTORNEY OF ANY COURT OF THE COMMONWEALTH OF PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR MORTGAGOR AND AS ATTORNEY FOR MORTGAGOR TO SIGN AN AGREEMENT FOR ENTERING AN AMICABLE ACTION FOR EJECTION FOR POSSESSION TO THE MORTGAGED PROPERTY, AND TO CONFESS JUDGMENT THEREIN AGAINST MORTGAGOR IN FAVOR OF MORTGAGEE, WHERE UPON A WRIT OF POSSESSION MAY IMMEDIATELY ISSUE FOR THE POSSESSION TO THE MORTGAGED PROPERTY, WITHOUT ANY PRIOR WRIT OR PROCEEDING WHATSOEVER; AND FOR SO DOING HIS MORTGAGE OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. MORTGAGEE MAY BRING SUCH AMICABLE ACTIONS IN EJECTION BEFORE OR AFTER THE INSTITUTION OF FORECLOSURE PROCEEDINGS UPON THIS MORTGAGE, OR AFTER JUDGMENT THEREOF OR IN SAID NOTE, OR AFTER SHERIFF'S SALE OF THE MORTGAGED PROPERTY. 5. The remedies of Mortgagee as provided herein, or in said Note, and all warrants of attorney herein and in said Note contained, shall be cumulative and concurrent, and may be pursued singly, successively, or together against Mortgagor and/ or the Mortgaged Property at the sole discretion of Mortgagee, and such warrants shall not be exhausted by any exercise thereof but may be exercised as often as occasion therefore shall occur; and the failure to exercise any such right or remedy shall in no way be construed as a waiver or release of the same. 6. Mortgagor hereby waives and releases all errors, defects and imperfections in any proceeding instituted by Mortgagee under this Mortgage, as well as all benefits that might accrue to Mortgagor by virtue of any present or future laws exempting the Mortgaged Property or any part of the proceeds arising from any sale thereof, from attachment, levy or sale under the execution, or providing for any stay of execution, exemption from civil process, or extension of time for payment, 7. If Mortgagor pays to Mortgagee said principal sum and all other sums payable by Mortgagor to Mortgagee as are hereby secured, in accordance with the provisions of said Note and in the manner and at times therein set forth, without 5 -" GOG 5663 deduction, fraud, or delay, then and from thenceforth this Mortgage, and the estate hereby granted, shall cease and become void, anything herein contained to the contrary notwithstanding, and Mortgagee, at Mortgagor's expense, shall discharge and satisfy same of record. 8. The words "Mortgagor" and "Mortgagee" whenever occurring herein shall be deemed and construed to include the respective heirs, personal representatives, successors and assigns of Mortgagor and Mortgagee; and if there shall be more than one Mortgagor, the obligation of each shall be joint and several. 9. This Mortgage shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania. 10. If any provision of this Mortgage or the Note is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent not prohibited or unenforceable nor render unenforceable such provision. 11. All notices given hereunder shall be given by United States registered or certified mail, return receipt requested, addressed as follows: If to Mortgagor to: Jeffrey A. Yentzer 13 Wiltshire West Carlisle, PA 17013 and Rodger H. Sprenkle, Jr. 106 Portland Street Mechanicsburg, PA 17055 If to Mortgagee: Rehab Investments, L.P. 211 Rock Hill Road, Annex 103 Bala Cynwyd, PA 19004 IN WITNESS WHEREOF, Mortgagors and Guarantors (if applicable) have duly executed this Mortgage under seal. J effre 1i /; Date: _!1,/- S/90():2" -) L?L Notary PI.> 1 /// "'- 6 r 0 r , I,.) v ., CCc5 uuO BALLOON RIDER READ CAREFULLY THE LOAN MADE TODAY BY Rehab Investments, L.P. IN THE PRINCIPAL AMOUNT OF $35,490.00 IS PAYABLE IN FULL ON OR BEFORE September 8, 2004. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. Rehab Investments, L.P. ARE UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY OR MAY NOT BE WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM Rehab Investments, L.P. The undersigned borrowers warrant and represent that they have read and fully understand the above disclosure. The undersigned borrowers also acknowledge receipt of a copy of this disclosure. 7 /,"/ q/t3!O? / (2 1- /'iI, I Date effref A. Yentzer iili~~:' a. J( ,{, A(/":1,t,c,~) Thi~ ~' .><~ ,/ "" N9tatY Public ~. Rodg ,200_. ~ 0 (' :.J t t) 6666 COMMONWEAL TH OF PENNSYL VANIA : 55. COUNTY OF CUMBERLAND On this 8th day of September, 2003, before me, a Notary Public, personally appeared JEFFREY A. YENTZER and RODGER H. SPRENKLE, JR., known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. -<! "L'., 'J ' "'\' i , ',......-1 ,.....' '. 'Notary Public , '.'//~~ l,-- NOTAR!!\L SEAL , Stephanie M, Rider, Notary Publtc Camp Hi!I,' CU:T\berland County 05 My Commission Expires Oct. 31,20 I Certify This Document To Be Recorded In York Co\.mty, Pa. r2JJ.~.>~.u:t, 't:. '-' , j;ocDrder or j)ooda '~o ,. "\ l ,', v -_, " .. .. 4 u :.~ b ALL THAT CERTAIN lot of ground, with the improvements thereon erected, situate on the South side of West Princess Street (known as 728 West Princess Street), in the City of York, York County, Pennsylvania, being more particularly bounded and limited as follows: ADJOINING said West Princess Street on the North, a twenty (20) feet wide alley on the South; property now or formerly of Ferdinand Witmer on the East, and property now or formerly of Harry E. Bott on the West. CONTAINING in front on said West Princess Street sixteen (16) feet and six (6) inches, more or less, and extending Southwardly, equal width, one hundred (100) feet, more or less, to said alley. ijC j-,ii (PH03288.. SAP/PH03288.. SAP/20) VERIFICATION Robert S. Beckman, being duly sworn according to law, deposes and says that he is a principal of the Plaintiff; that he is authorized to make this Verification on behalf of Plaintiff; that the facts set forth in the foregoing Complaint in Confession of Judgment are true and correct to the best of his knowledge, information and belief; and that the foregoing statements are made subject to the penalties of 18 Pa.C.S.A. Section 4904 related to unsworn falsifications to authorities. REHAB INVESTMENTS, L.P. By: ~J&- Robert S. Beckman Dated: Dic, JJ, ~OoS SALTZ POLISHER P.c. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. 1 East Wynnewood Road Suite 210 Wynnewood, P A 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, P A 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. AFFIDAVIT Robert S. Beckman, being duly sworn according to law, deposes and says that he is a principal of Plaintiff herein; that he is authorized to make this Affidavit on behalf of Plaintiff; that the facts set forth in the foregoing Complaint for Confession of Judgment are true and correct to the best of his knowledge, information, and belief; that the statements made herein are made subject to the penalty of law related to unsworn falsifications made to authorities pursuant to 18 Pa.C.S.A. ~4904; and that the Notes and Mortgages attached to the Complaint as Exhibits "A" and "B" are true and correct copies of the originals. REHAB INVESTMENTS, L.P. By: /~r4_~ Robert S. Beckman Sworn to and Subscribed~efore me this "Z..I/:l.J day of C~, 2005. }~~ fij iJotary Public ~ COMMOr-tW/l.AI..:ft1 OF PENNSYLVANIA NOTARIAL SEAL CAROL O'DONNELL, Notary Public Lower Merion Twp, Montgomery County _,..t~L~o:"mtSslon Expnes April 1, 2008 SALTZ POLISHER P.Co By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. 1 East Wynnewood Road Suite 210 Wynnewood, P A 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, PA 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. AFFIDA VIT Robert S. Beckman, being duly sworn according to law, deposes and says that he is a principal of Plaintiff herein; that he is authorized to make this Affidavit on behalf of Plaintiff; that the Defendants are in default of the Notes and Mortgage Documents and have been so for a period in excess of five (5) days; and that there is $128,934.94 due and owing. REHAB INVESTMENTS, L.P. By: /~~~ Robert S. Beckman Sworn and Subscribed before me ,2005. COMMONWP!ALTH OF PENNSYLVANIA NOTARIAL SEAL CAROL O'DONNELL, Notary Public Lower Merion Twp.. MOnlgorDery Counly My Commission Expires April 1, 2008 SALTZ POLISHER P.c. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. 1 East Wynnewood Road Suite 210 Wynnewood, PA 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, P A 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. AFFIDAVIT OF BUSINESS TRANSACTION Robert S. Beckman, being duly sworn according to law, deposes and says that he is a principal of Plaintiff; that he is authorized to make this Affidavit on behalf of Plaintiff; and that the transaction upon which the Judgment is being entered is based upon a business transaction. REHAB INVESTMENTS, L.P. {~A.~ Robert S. Beckman By: Sworn to and Subscribed before me this ?.I day of '^-- ,2005. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CAROL O'DONNELL, Notary Public Lower Merion T wp Montgomery County M CommiSSion EXplres April 1 , 2008 SAL TZ POLISHER P.C. By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA REHAB INVESTMENTS, L.P. 1 East Wynnewood Road Suite 210 Wynnewood, P A 19096 NO. Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, PA 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. AFFIDAVIT OF NON-APPLICABILITY OF GOODS AND SERVICES INSTALLMENT SALES ACT Robert S. Beckman, being duly sworn according to law, deposes and says that he is a principal of Plaintiff; that he is authorized to make this Affidavit on behalf of Plaintiff; that this Confession of Judgment does not arise out of a "retail installment sale, contract or account" as defined under the Goods and Services Installment Sales Act, 69 P. S. Section 1101 et. seq.; and that the foregoing facts are true and correct to the best of his knowledge, information, and belief. REHAB INVESTMENTS, L.P. BY:~46 - obert S. Beckman - Sworn to and Subscribed before me this ll.l1' day of I~~ O~ Notary Public ,2005. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CAROL O'DONNELL, Notary Public Lower Menon Twp, Montgomery County Mv Commi~S1on Expires !'opT;11 , 2008 SALTZ POLISHER P.C. By: Everett K. Sheintoch, Esquire AttorneyIDNo.: 51507 993 Old Eagle School Road Suite 412 Wayne, P A 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. 1 East Wynnewood Road Suite 210 Wynnewood, P A 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, P A 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. AVERMENT OF NON-MILITARY SERVICE AND CONJUGAL INCOME Robert S. Beckman, being duly sworn according to law, deposes and says that he is a principal of Plaintiff; that he is authorized to make this Affidavit on behalf ofplaintiff; that the last known address of Defendant Jeffrey A. Yentzer, upon information and belief, is 13 Wiltshire West, Carlisle, PA 17013; and Defendant Rodger A. Sprenkle, Jr., upon information and belief, 106 Portland Street, Mechanicsburg, P A 17055; that none of the Defendants named herein are in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto; and that the annual income of the Defendants is in excess of $ 10,000.00. REHAB INVESTMENTS, L.P. Sworn to and Subscribed efore me this i-I)l.f' day ofTh ,2005. BY:--&- ~.6--- R bert S. Beckman l ,Notary Public <-11.0 COMMONWEALTH OF peNNSYLVANIA NOTARIAL SEAL CAROL O'DONNELL. Notary Public Lower Menon Twp, Montgomery County My Commission Expires April 1 , 2008 SALTZ POLISHER PoCo By: Everett K. Sheintoch, Esquire Attorney ID No.: 51507 993 Old Eagle School Road Suite 412 Wayne, PA 19087 (610) 964-3333 (610) 964-3334 Facsimile Attorney for Plaintiff, Rehab Investments, L.P. REHAB INVESTMENTS, L.P. 1 East Wynnewood Road Suite 210 Wynnewood, PA 19096 COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. Plaintiff, v. JEFFREY A. YENTZER 13 Wiltshire West Carlisle, P A 17013 CONFESSION OF JUDGMENT and RODGER A. SPRENKLE, JR. 106 Portland Street Mechanicsburg, P A Defendants. AFFIDAVIT OF NON-CONSUMER CREDIT TRANSACTION Robert S. Beckman, being duly sworn according to law, deposes and says that he is a principal of Plaintiff; that he is authorized to make this Affidavit on behalf of Plaintiff; and that this Confession of Judgment is not being entered against a natural person in connection with a consumer credit transaction. REHAB INVESTMENTS, L.P. By: I(~JJ~ Rooert S. Beckman . Sworn to and Subscribed before me this 2J4~ day of 12r(~, 2005. ti~ n1L.~.~ Notary Pub ic COMMONWItAl.TH O/" PENNSYl.VANIA NOTARIAL SEAL CAROL O'DONNELL. Notary Public Lower Merion Twp" Montgomery County My Com":,~~?,, Expires .ApriI1, 2008 ,0 ^-.) "f"'. ~ ~ - ~ ~ "" ~ ..{Q - -.Q '" '"" [, I.r) D -V r-- :t> -t- -I- '---z ~:~j '..- l"'.J ~z ("..1 ~:~; ('J -n :_:;, ---I c_ --,- h-: ~._.- I C""'\ - , . ..."."" , ' 11)