HomeMy WebLinkAbout06-3100KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire (I.D. No. 54286)
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 A
Telecopier(610)684-2020
PRAMCO III, LLC COURT OF C
6894 Pittsford-Palmyra Road CUMBERLAN
Fairport, NY 14450
Plaintiff
vs.
No. Q(o - J)
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
CONFESSION OF JUDGMENT
Pursuant to the warrant of attorney set forth in Exhibit "D"
Defendants and confess judgment, exclusive of costs, in favor
Defendants as follows:
COUNTI
Principal Balance $17,051.
Interest to May 10, 2006 2,142.
Late Charges 852.
Attorneys' Fees (15% of Principal and
Interest, per Forbearance Agreement) 2.879.
TOTAL $22,925.
COUNT II
for Plaintiff
dMON PLEAS
COUNTY, PA
(00 (3U1l" nl"z
:eto, I hereby appear for
the Plaintiff and against
(per diem : $4.97)
Principal Balance $ 7,107.7
Interest to May 10, 2006 900.7
Late Charges 355.3
Attorneys' Fees (15% of Principal and
interest, per Forbearance Agreement) 1.201.2
TOTAL $ 9,565.0
(per diem : $2.07)
[CONTINUED on NEXT PAGE]
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 Attorneys for Plaintiff
Telecopier (610)684-2020
PRAMCO III, LLC COURT OF C MON PLEAS
6894 Pittsford-Palmyra Road CUMBERLAN COUNTY, PA
Fairport, NY 14450
Plaintiff
vs. I ?J?Y?
No. OL C1u,,l l
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
COMPLAINT FOR CONFESSION OF JUDGME for MONEY
1. Plaintiff is a Delaware limited liability company, in g d standing, with a place of
business as stated above.
2. Defendants are adult individuals, believed to be
known address as stated above.
The $25.000.00 Loan
3. On or about May 23, 2001, Samuel A. Calaman
$25,000.00 from Allfirst Bank (at the time, a
and wife, with a last-
"Borrower") borrowed
banking corporation;
hereinafter, the "Lender") the sum of $25,000.00 (the 11$25,000.001 Loan").
4. To evidence his indebtedness under the $25,00 .00 Loan, the Borrower
contemporaneously made, executed and delivered to the Lender his dote of even date and in like
amount ("Commercial Note 1").
5. A true and correct copy of Commercial Note 1 is attached hereto as Exhibit "A".
The $11.200.00 Loan
6. On or about May 1, 2001, the Borrower borrowed
the Lender (the "$11,200.00 Loan").
7. To evidence his indebtedness under the $11
contemporaneously made, executed and delivered to the Lender his
amount ("Commercial Note 2").
8. A true and correct copy of Commercial Note 2 is
The $31.000.00 Loan
9. Also on or about May 1, 2001, the Borrower
of credit with the Lender (the "Line"), in the maximum principal
10. To evidence the indebtedness under the Line, the
made, executed and delivered to the Lender a Business Home
Note") of even date and like amount.
11. A true and correct copy of the Business Note is
The Original Default and Forbearance
$11,200.00 from
00 Loan, the Borrower
of even date and in like
hereto as Exhibit "B".
opened a home equity line
of $31,000.00.
contemporaneously
Line Note (the "Business
hereto as Exhibit "C".
12. Thereafter, all three Loans fell into default.
13. On July 15, 2002, the Borrower, Defendant Juanita E. Calaman (the "Surety") and
the Lender entered into a Forbearance and Modification Agreement (the "Forbearance
Agreement"), by which certain terms of the Loans were modified as more particularly set forth
therein.
14. A true and correct copy of the Forbearance Agreement is attached hereto as Exhibit
«D»
15. As set forth in Paragraph 1 of the Forbearance Agre?ment, the Surety agreed to
guarantee repayment of all amounts due under the Loans.
16. As set forth in Paragraph 3(a)(i) of the Forbearance Agreement, the entire then-
outstanding balance of all three Loans became due and payable in fill on June 15, 2005.
17. As set forth in Paragraph 17 of the Forbearance agreement, the Defendants
authorized "any attorney ... of any court in the Commonwealth o? Pennsylvania ..." to enter
judgment against them, by confession, for all amounts due on the Loans, with interest, costs and
an attorney's commission of 15 %, as more specifically set forth therein, upon the occurrence of
a default under the terms of the Forbearance Agreement itself, or a futther default under the terms
of any of the Notes.
18. The Defendants failed to pay the entire outstanding balance of the Loans on June
15, 2005, and are thus in default under the terms of the Forbearance Agreement and each of the
Notes.
19. Judgment by Confession for Money has not previously been entered against the
Defendants on the Warrant of Attorney contained in Paragraph 17 of fhe Forbearance Agreement
in any jurisdiction.
20. On April 1, 2003, the Lender merged with and into Manufacturers' and Traders'
Trust Company ("M&T").
21. On October 27, 2005, M&T sold and assigned the ans to the Plaintiff.
22. True and correct copies of three Lost Note Affidavi s and Assignments (one for
each of the Loans), so dated, are collectively attached hereto as Ex*bit "E".
23. The Loans have not been further assigned and the Plaintiff remains the holder
thereof.
COUNT I - $25.000.00 LOAN
24. The Plaintiff incorporates all previous paragraphs her4of as if fully set forth again.
25. The Defendants are thus indebted to the Plaintiff under the terms of Commercial
Note 1 as follows:
Principal Balance $17,051
Interest to May 10, 2006 2,142
Late Charges 852
Attorneys' Fees (15% of Principal and
Interest, per Forbearance Agreement) 2.879
TOTAL $22,925
(Interest will continue to accrue at a per diem rate of $4.97).
26. The Defendants have failed to pay the sums set forth in the previous paragraph
hereof.
27. This judgment is not being entered against natural p4rsons in connection with a
"consumer credit transaction" as that term is defined in Pennsylvania Mule of Civil Procedure 2950
(as amended July 1, 1996).
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants, on Count
I, in the amount of $22,925.29, plus additional interest, attorneys' fees and costs.
COUNT II - $11.200.00 LOAN
28. The Plaintiff incorporates all previous paragraphs here f as if fully set forth again.
29. The Defendants are thus indebted to the Plaintiff under the terms of Commercial
Loan 2 as follows:
Principal Balance $ 7,107.
Interest to May 10, 2006 900.
Late Charges 355.
Attorneys' Fees (15% of Principal and
Interest, per Forbearance Agreement) 1.201.
TOTAL $ 9,565.
(Interest will continue to accrue at a per diem rate of
30. The Defendants have failed to pay the sums set fort in the previous paragraph
hereof.
31. This judgment is not being entered against natural persons in connection with a
"consumer credit transaction" as that term is defined in Pennsylvania Mule of Civil Procedure 2950
(as amended July 1, 1996).
WHEREFORE, Plaintiff demands judgment in its favor and against Defendants, on Count
II, in the amount of $9,565.06, plus additional interest, attorneys' f es and costs.
COUNT III - LINE
i
32. The Plaintiff incorporates all previous paragraphs hereof as if fully set forth again.
33. The Defendants are thus indebted to the Plaintiff under the terms of the Business
Note as follows:
Principal Balance $16,322.3
Interest to May 10, 2006 1,734.5
Late Charges 816.1
Attorneys' Fees (15% of Principal and
Interest, per Forbearance Agreement) 2.708.5
TOTAL $21,581.5
(Interest will continue to accrue at a per diem rate of $4.76).
34. The Defendants have failed to pay the sums set
hereof.
35. This judgment is not being entered against natural
"consumer credit transaction" as that term is defined in Pennsylvania
(as amended July 1, 1996).
WHEREFORE, Plaintiff demands judgment in its favor and
in the previous paragraph
in connection with a
of Civil Procedure 2950
Defendants, on Count
III, in the amount of $21,581.51, plus additional interest, attorneys') fees and costs.
RECAP and PRAYER for RELIEF
WHEREFORE, the Plaintiff demands judgment against the
in the total amount of $54,071.86, as itemized below, plus additional
, by confession,
attorneys' fees and
costs of suit :
Count I
Count I[
Count III
TOTAL P
STEW
$ 22,925.29
9,565.06
21.581.51
$ 54,071.86
& STEIN, P.C.
William J.
EXHIBIT "A"
S4' ?
CO A I AI FACIA 1, i,R ON I IS5O121' NOT if AN I) S cull I'rl' A C R E EAI ENT
S 25,000.00 Vl I'cnOSdvaain ?LI UY(h ?? ? _?
May) rote)
FOR VALUE 12 ECL VED, We undersigod ("Borrmver") prumises to fly to Ibe order of Allfirss auk, a AInq ImW nlam-durLeJ ,onune,Fial bails ("Bank'), in Bank's
oilices at 1127 N. George Slrerl, fork P.uexylvueia I]40V; or al such other Vlace s the holder f Ihis Note and Smurity Agreenanl may fran time Ip lime designee, the
principal aunt of "I'nvdy Five Tbunsand and 001100 Dallis IS25,0011.01)), or such other amomn s Ieasy be advanced Lou, rtime to fail, to Borrower, solicitor with interest
trouble of the rate or rates Iereoller specified and any Food ell other stuns which ran), be owing I Bank by Borrower pursuant [o Ihis Nose send Security Agreement 'file
following Icons shall apply to Ihis Note and ScctoW, Agree Far(
I_ INIERIS.S'I, front thin date hemnl unfit all sums due h.ensder, including principal. is'[•msl, flung", fear and e'pcnses ore paid in full, Ifea Princ,pal nnI.unl
rntsmnding limn lime II I]me pursuant to 11,11 Nnle and'Security Agreonenf shall boor interest as fl Iliad per anmmI cafe of 2990007, Ford ealancled on the basis of a done
hunWeJ sizly (360) Jnys per yevr Ihc(irr sepplicd hI one usual nunlbet ufdow nn wlach Wem exists rot unpaid burancc hereunder
2. REPAYMEN I. Bo luival' start nuke ptpaost, at principal au 1 iu1".( oreashly, each s h poynl,nl in Ibe rnounl of sdomis. on OIL 251h d;p' affable In alh,
beginning an ApI it 25, 2001, and containing until March 25, 20116, ,]act, is life ftnnl and obsallne ue data or des Nate and Security A,reen ent a1 w al lime all Inns dui
hercundef, including Principal. interest, charges, cast and espouses shall be paid in I'nll.
F3 cover nay prepay ties, Note and Security Agree car in ,hole it in purl or any lime a your tin Ill (title IIKIIVLA PICI or addfdoiml interest Any pel aytnrnl of the
prfncipal balance oflhl,, Not, and Smarmy Alacritous shill be ,iutal to the oasendlug aria bal.uce of thus Nam nneed Security Agreement in the inverse order of
scheduled if., isias. All Plwr)anla cud, parsuant lu Ibis Note and Security Agrwmm?l (hall be a plied firs( to Funned and coastal role„.[, share to annual ,,wares Food
charges pIyablo list nndcr, and Ihcn IP principal, min such Plber olds, ur pmlyalu n as the Ill in he holders sric dasconsel, nmy coed from lion it, false
i LA I r- PAYMI:14 I CIIARGE.11 mp'lzrylnen(Iran I.... Il dre liedWing np'pnynnr "I "i's 1, or in runt of I ....el Masco( m awed by the ladder onfam 6roce(15)
ctdendurduysart,, its due data Bmrbwer shell any a list,,,ynerh charge equal to live socenl(5%) fill, amuunl real due
4. ORAN f OF SECURI'I Y INFER CS'f. As cnllnleyol 1,11.111), Irv Ill ubligalial hWebeUnese
endorso lnFiat, ,comity. lralu, or otherwise), Itquldatod or unl relocated, joint ar several absolute ar c
Ionlt, tram, Idler ,I food it formally. everts 11, or any other Way owed by Bonvwer to Bonk now tai:
to Balk under far p asemrl to uses Nor, and Secal'ily Ag¢emmn m any ocaompanyang Intel discounter
(as hcreall. defined) or to prescrvy protect, or reflect Bank's scantily unerems mud Iran, iu Fee Cl
selling n olhrnvim doom n, or or realizing use the Collateral, or orally a terease by Bank' of Bank's I
watb Bank., apmneys' Pecs, execute, of callectiall, and corn cost, (collectively, "Obligalie"s'), nor
,your; and pledges to Bank a cmulmms, security i fares( in We IiJlowiog (collectively, "Collateral"'
(I Iran, II'l a (whdb. or nor auaclled to Feel pre,oc y), vehicles, supplies and other tangible p
ncluding any lossebold late rest, lican, and all s)bsetallors, c,l)¢n¢nl parts and a exalter, line
piss, roofs, accessories and Machu a now owned or nemoller acquired in connection Werewith,
products ,hereof, Including sure, proceeds, and all FogMe thereto (colleN,,aIy, the "Equipm.R'J; (b)
lector, including but not Ionab d lo goods, wiles, rucl andise, InnrcFools, raw mwences, pans, for
couryo Fort nn(.aals, Pmlmging and chapping noterials and other tangible or intangible personal pmt
of service nor which contribute to the limshed products or the salt, promotion, storage laid shippecirl
aocq.... ad by Bara,vcl, wb,foo located at 01 mvacd ar leased by Borrower, in the course of
along, locations, and all minced, aetl andoeb Iberoofand ,It rights ibeale. including bin not Imba
till doe curs, including but an( limited so, Lot (a of line, lala of selling mod waalmuse c,,,
Borower, nmv owned .,,it haaaller acquired and/or created accounts, accounts rweivahle, court
(Ivubc, drubs, n¢elll , ocular luenolk,, (including lan ,at rallied In cla oulnrles, (,,,do man
wages), and all proceeds and ,rode,(, lheter, and all rights Ihe,clo, fuluddng but oat Itmimd in Pn
m tasn or a the pmvidmg of Inure lury. (mods, a, corvettes by Bmaower, as wall as all other Follett of
brr,W, or credit Irtn cry person or ,all,, aududln, bur our limned in the rught to receive tax ref
bestseller acquired asset, of Dono)xr, ooho than Receivables, fquiamem and Invento,, indudin
inemllmad puahoso and/or sales connects, bonds, stocks, ,nveatmenl property, ccn flarica, advan
portents, including cash mehl, (collechvely, "Other Pusan,"), (e) all proceeds (Including luruan
Bono".... Isla in which Bank has been or is anceRcr soared o security interest under any out
Borrow. old Bank, (g) Icy Iccouurs, prop.lt teeuFofies or conics of Borrower which Fall any in
Bank, as well as all poVLedx and products (hercuf, and (h) all of the books and acorde penoinang It
A„ammll, list for,,, "Older Obligor' means any Vorson or anti, other iban Beal [bet t, maw or I
wilh any of We Obligations car for has gonad any lien or security interest to or for Ire bencbl of i
guarenmr, rae[y, ,,do..... r u n r-maker ofteny brute Obh,stlone.
and lV1,011ies of Borrower or Bank, 0scoler dotel street (h, or, of
anagee, commnBlated ar unennrentplred, or otherwise rating (in
OR or beaadrr rising, including bet nut linriled to alp' and all sows dnc
any and all stns odvnacd by Bank to preserve so praRq ill, Collateral
M anal, as well as tire tyrants of Filnbng, bolding, pLpa.... g for S:,It,
Visa fn the event of a dcfeall by Burower or any O[bar Obligor, agdho
in consideration of advances from Bank to Borrower, Bono,er herby
(a) all of Ibe nmv owned and berenik, acquired machine,', illustrate,
,tonal property of Borrower admr Ihnn Inventory (s hcra0er defined),
so, ,.,it including n1I improvements and accessions thereon and alt ,.are
fad any maimannce agiecmems applicable the into, and all proceeds and
If of Borrower's now owned and hereafter acquled inventory, wherever
einea, goods in a.,ass, finished goods, work lie progress, bindings ar
Fly held for sale or Isoec of furnished or to be famished under cantrnds
creof, all goods returned for an off, countered, rational or olhenvase,
mnsport to far flats, accaum debtors, placed au consignment ar hard at
to all sales proceeds, ill chattel palter related to any of [lie foregoing and
aimed to any of the kan gmng (colledivdy, Ibe "Inventory,); (e) ell of
Is, contract rights, tnarunl,ms, docunecne, ehaud loner, notes, Force
s, berates, and peenL j, mud older chose, in adios (gat inchlin, salary
ands nfbwcnmry and rdumed goods and Proceeds zero,,,, front the sale
,, I:,od, anabo,enl or.,on.,,(,,,,Fiat, of Bonowar If, receive paynl,nt,,
ids or to, rebates teollecbvery, "Receivables')', (d) all nmv owned and
but moo linriled to all leases, rents, chdmis, leasehold impruvcmeins,
s, depos,ts, b.demed's, trade names, lice sea, patents and as a,
proceeds) and solids of the obave-diounbed property; (0 any of
security agreements, colas or other obligations or h.billhes between
t be mamc,ned or, ass,gned to, delivered to, or come labs possession of,
toy of the above-described property. As used in Ihis Not, old Security
caflcr llabl, done dy, contingent, or.11mnvtoc, upon In in connecdon
ink to secure tiny ofInc Obligates indnding, but not armed 0. any
5. CONFESSION OF JUDC AICNI'. Bar, mrer ill evoldbly asset uncandirionally aesh.Iiz
of rsets '1 ... rife United Stales In appear nI bdndf of BnI.,or in nay arfl in .,at a n p, I
irl' iah and to aaP o, foe ones n)d color jodgrncen against Bono,,, IF illy little n¢ ,.. a
default, oil, n Virtual angdaius BIM, and vVidval pilot 1106a to or oapora.iiy of Borrow
ACrremcnr in she [OF amuunl ofIh, indclueduess evldertdl by Ibis Note and Seoul it)Ag¢uoe
. fad nP.ISa) pine and coals, Islas also. o"', to,, equal In BBemI peranl (157) of (L, unpaid
auy boom, let hcauuudcr, wall clot, of all a'rm's and wBbral right of street. be addisi
tiesI if.' upon list, base and Snurisy Agee ....... 1, Bon ova agrees till vac, and par lure
CmnnenenrulVL of Pennsylvania .I in fl, tailed Stales Disr'id Cutul for dot Middle Dull
s[a ode ofd an a n, so I of .III I, n'leI In non' in for or of lea fief en led, wb ill nap be
nun.. lion. Illllllalad rigors, apprelisuncul, sroy of resources n supplun.n.ry ,roweling,,
j)dgrmn t ar relood ar....Jtngsn I a jud,In,nL (fir het ,wrl p,.hibtmd by appdiabl,)I,,,a
utl pn.pury located in Pe...... bania "'Lilt to Ile I"idenre of Fop' Us, scorer.) Tire still... it,
.ill let ralnmmd Iy Leer or a o, aucims Inerrof, far Iy ,), irnpcrfeet cs)I-e I,, If..'eof and s
.,,it empm+us any zunney adniilkd to practice before any total
!n ings, or indent any duct terrorist p ctions,lary or ,ter emir(
are" doe fares I..... of an, defend( hereunder, mill, a, ern of
for prior haring, in fever of life bolds, of Ibis Nor, :r.J Sol .,if,
(indndingprtnrlpal.a¢coal Fireless mud ally call ,It d... gets I..
closer, of ,, bar ed, interest, fit,, go, end )else, also,, de, or wbich
I m all ollcr ands in little pertinent nmy be <mdcssM feel sI
Oil short be le Free IV in lilt anus of any Foully o city of Ibe
of 11...... bania. lrnrmeer rvaivts Ilse loa,rl of any and ,,.I
"fort)' writer] cmef.I'ing upon list er'....' a,)' r,glll or Privilege of
of if,, rdtd Gam Ibe. ,afwc,auo(in I I stores, admmtenl of a
judpmeal obsaincd by tunlessun'hall roe comrilut, a lice on life)'
d purer m appear an. and enty pointers agaahcr n....... shall
11 emu be nlinguiAnd Is, any bed,,urnt amfed pastures shorter:
,,uh apronril, and punier any he raaxiaetl on .r,. rr more wild m, from lime to Ii.nq in 1 rt same or dilr..:nt jurisdicliaos, as often as the boldti ill deem
reveal or advisable DURROWER IIEIt EIII' ACKNOWLEDGES TIIA'I' I'11E CONFl,SSIUN OF dLIU Gli PROVISIONS UEREIN CONTAINED
WHICH All AND 1VAIVE CERTAIN LEGAL RICH IS OF BORROWER HAVE IIEE READ, UPIDERS1'OOII AND VOLUNTARILY ACRE ID'I'0 BI'
BORROWER.
6. REPR1SBN IAI IONS, WARRANTIES AND COVE14ANl'S.BoI'rower mpresmds, wttnt?and wvnranls the:
6.1 AUlhurly. In of Nairm Borrower is duly ga' d and cs'srg ill good slaud un Ih<smcof lsoga n'u Dopia qualified m do bus' ss ad ill good spindling in ell
jl owl'dic s where it u d . t, its basil or as R 'v ll l s are located and lips vll reynisile Inn eq r lhotlB :Z es .,ad reports Io even its proper x ,,it cap on its
has ness.'I a csealion and del' en of this Note aid Scounly Agreement have bee n dr I) nuthaniP by appropriate corporate, company or pr lnershtp notion. I he principal
place of business of Borrawer" the books and leads rulol ing lu Borrowers business nnJ the Cnllale al, and (lie Collateral are looted of [lie address(u) set forth in (his Note
and Security Agrwmmtl.B.IBnvt shill inuactumly advise Bank in wrftta, ofthe opening ofany nni placeofhusiness or the closing orally ofits existing places of business,
and.tinny change in B rival's name or (lie l.caltmn .1-flue l,late, where the Collateral, or hooks and cods patterning to the Collateral, are kept.
6.11ImaJ sSta pct. Borrower c- dany naliYinl.s arliar, r kll or ali coinvestigation lad, I, fire looking, sigh, handling, generating or
trust ... I hg of l g p u LL' ill, or r b r cas whtah under applicable la, squire gaec' hy. dl n, ollwtil sitn, I talon. t or cost (Heastal Ssbstarces) and
5 power dues onto...., nlike, more, hardle. Jispl.e of or 1,ca rt rap l l ru dous Snhstnnus 111 an o rely appfc b1, la s.
6.7ERISA. BN'IOwef onJ enoh of ilt aBilidms u.IJ subsidin.'ics ("ERISA AfBlietes')which ore under otmnon conlrtN, or a a purl of a conudled gmap, within the meaning of
the Employee Retirenrtnl Income Security Ad of 1974-1 s.....need ('ERISA'), arc in erwrRl ca oil n all nppficenie provisions al' ERISA with ragard to each or l employee
Hoehn phis (as ddined to ERISA) ("Earploywc Bealil Plans"). Neithera rcpormble.vad (.s daunt II nor n prohibited local (es defined in Ell has occurred
.,fill aspect lo any Hmpiryee Bendil Pik of Borrower at any ERISA Al lisle, hnuedat.ly ulna Ilia too ran. of tnry such reportable event, Borrower shall promptly lion tsh
m hank pout, Ihaeol; as tiled wtlh Posstor Bench Guaranty Cori iuu ("PBGC"). Neither Burro or nor any ERISA Allilote has romplelely or radially ollrdmwn from
any oulliss"I..yv plan and no such n ulti n,iloyer plnu is r e.,al iadiun, all as prevtded by FIR SA. 11 lower and eoch ERISA AfBliale Las met its roranot I Rural g
req.iramtas and Its In rod.llilled ahltgatons under ERISA ho eollWrote to any Employee Bendil far Borrower shall rmmplly notify Bonk of any reaction, by PBGC of
IiclAN, al' Borrower or an,, ERISA Alflur, under Title IV of ERISA. The Iotlure of Borrewe.' la 1 )' within fluty (70) days to a uapI of any liability trader life IV al
ERISA sentenced by PBGC shall wnsltmtc a retail[ hereunder.
64Iawe5. Bnuower shall connply al ell.rapes with alllmwz, odinm.ces, rules anA rogulntiau, ol'any Eedeml, Slum, n...... pal or other public aolLOrities lam iugjiu isdidienover
Bo.rowwr, We Cnlluleml or any of B...rours enter asses, including but not limited to ERISA and all L wvs relating to IipzvJous Substance.
6.5 "faxes. Platte arc no unpaid Federal. Slate, city, county, or other taxes owed by Borrmve, there m no federal, Stale, tip, county or other nay liens presently filed again,,[
Burrower. and dull all na oulslnadtn, personal properly loxes of try kind. Borrower shill pay and d, charge, whoa due, all III levies, liars and other charges on any or all
ol'its assets, including lot rat luailed or Invc.nory, Equips ant, Receivables, and Other Property mad sh If pay promptly, when due, all other Imes, Including withholding rates
-
6-6 Recording and Legal Costs. Further Fee, seats- B.rro.er shall pay all costs slid expenses rods nl to Iha riokhng of the loon(s) secured hereby and perfe ton of Book 'a
security inlet.. is hereunder, including bof not burned to all aaorucys' fees (to the cahoot not prohibited y law) and ell recordation costs and tams incident to fling of financing
satemerd, and caul lion slammera, is respect thavol: Borrower shall execute and deliver to Bonk Bent time to lime rally insuumeods or docuntenls, and sltall do all things
uecessap or co.wenicnl to carp into at feet Iht provisions of Ihi, Note and Security Agrcenant. Bo rower designates Bank or any of its affairs as nllonay-on-fact to sign
Borrower's nanm on tali such ac rumenlr or docpmenls, nod hr Plc the scone as any be appropris Borrower agrees that hied pbomcil of r one g statements and
continuation stolen clo s sholl be sufficient to perfect Bank's security interest hereunder.
6.7 Books and Records. Borrower shall maintain such records with respect to the collateral and the co. dilion (financial and otherwise) and operation of Borrower's business as
Bank may reyuest fiom lime to li.ue, and shall impish Bank such information will respect to file Col stared, account debtors, and the condition (Ituaacial and otherwise) and
operation of Borrower s business, including bon not I..ntmd to b.lonce sheets, operating smlemwls, a d other financial ialDnnalion, as Bank .nay request hem time In time.
Birk mny al vdp fine out without prior nattce Is Fonuws. and without the consent of Borrower (reedy transit account debtors and verify or confrnu tire status of the
Rcceivxblas. Borrower shall famish pool. at cause to be ti.mlihed to Bonk such financial infommlion with respect In auy Other Obligor, indudtng bill not lin..led to balance
steels, opemGng slnlcnants, personal lirenctal statements and other financial infonnattan, as Bank ma ? reguesl from time to tram. Bank orally of its representatives Inay (rear
Ii.ua to lime inspect, cavail, and c copies or or amulets loam this books, records and tiles of Borrower, id inspeet atry or lire Collateral wherever located- Borrower shall make
'reve available at any lime for such perpwes. If arrested by Bank, Borrower shall make all uecessar -entries in its books to disclose the at....nair( of Receivables to Bonk,
antl permit Bonk to veri5 Recia,ri
6.8 Inw..ncc. Borrower has and shill mai nlnin one area on all of Its assets and prupedts, indudii but tnl limited to the Collateral, al all hates and against haurds, with
companies, in vmounls and in form acceptable to Bauk. Borrowr shall submit to Bank original iuadnce polteies and receipts evidenetug pal l of the prani ens due on
same. The policies shall runic Bark as sole loss payee and additional insured wish rselect to the Call mil, and shall be endorsed so as to make them noncancellable unless
thirty (30) days l ater..(let ofcaachmarn is provided to Bnnk.
6.9 Recdwbl... If the Collamral includes Rcccivnbks, (.) each Receivable shall be pold in full on ar
shall pay any critical, ae,rescnled or be owing thereon imnaducely to Bank, if Bank so deura as, (b)
Borower shall pay the same Ionoutc lily to Bank, iI Dark at danands', ov) renp propedv evidenced b
the sine in rout as scear y for slid subject to Ill, cor, of Bank and Borruwersh.t pay the nu orol ra
Bank so demands: (d) inch nod every Rehcivable shall be Bono ride, be for a certain undispued chirp
rgncsem o sale and ddivcry of pcu,co,l properly sold or wink and labor done, and not be subject to err
contract or condition rvhatsocver; and (a) Bauk arthritic, and parrots Borrower to collect Receivables
rime wtlhout notice to Dormwor before or ate, default here de, and Bank may notiry any aee.rnt do
spore, proided, howcvcr, Burrower shall oat pout. a material than,, in any Receivable, or o Ina soul.
shall al enp time recall by Book notify any or all awtinnt debtors to make payment offset, Receive
designated as Bonk Inay requu, Rinds In such collateral account shAl be objeat in the ward of F
Borrower. Borrmver shall revive all roy.ndns or ococart a,.ganl ofand for Bank and sltall Innsmll
all ortgtual checks, drat,, ace,u.nces, poles and o(he, evidences of payment teeeived in payment ofri
by Derisive, for soda purpose. Borrower does hereby grant to Bonk access to enp post d'Bce banes it
Borrower shall keep the come separate and apart from Borrower's own fund,, capable of ode rdleatd
Fi rile , Borrow..grcu Vid hank may pay, for the account of Borrower, any taxes. levies, or other, cl'
in Equipman which Burtower fails in pay, Inchrdtng all other lax.. and levies, and any such pan
Its.dv.loss as above provided, Bank shall have the right to receive, Indorse, assign and deliver In
tnatr anent, for the payment of Cr Inonrclatiug m the Receivables, and Borrower Iareby waives notice
Borrower aawrrara fork or Bank's agar dcaignec is Footloose, armrney'm-feet wvah power wdh fee
e fore its due date, as represented to Bank, and il'nor sec poid, Borower
f any allowance or credit on any Receivable is given by Borrows, Than
a RacelvoIll, should be mlumed to Borrower, then Borrower shall hold
toted to be ovtng on that rebated Reuivabl, tnn..ccii.mly to Blink, if
re demand for the meant Borrower represented to be owing Wermn,
serifl; sountercl and or contingent liability ope r (lie alNhna t crepe
ton averad debars. This privilege may be laminated by Dank it any
nor or account debtors ofthe re,ignori of Recd...Was and collect the
rnage in the tarns crony contract giving rise k) n Receivable, Borrower
Its to Bank for the deposit to a collatcml account with Fall, lifled and
ink, nod ire property, of Bank alone, and not subject to withdrawal by
m Bank, on lie day lhemo[ or at other mutually agreed all intervals,
tin account of receivables, including all cash monies similarly received
which furl is received Until delive, ofnltsI,h tc.nitmraes to Bank.
I as the properly of Bunk, and stall held the same in trust fur Bled,
,,,, nffcdtng Dorowcr"s ....U. including but nor Itmtfail In hwonnry
eel shall coldrell o [,,bill, of B.notoor. If dark is collming the
unk's nom, or Borrowers nanm say and all cheek; drat, and other
f presenonant, proms. and non-payment of nary in stomas so ndersod.
act to the Receivables: (a) I. endorse Borrowed, name anon any poles,
accentuates, checks. dralls. Alone), orders or otwr nwucnces or payinena of Collp(eml Thal nay co
reining m any of [lie RaceivabIu, dralls against natant debtore, assignments and vwtfica(ious of
Authorities to change the address for delivery of nail addressed to Borrower to such address as Bap
Borrower, (e) In do all other acts And things necusary, penlmr or convenient to carry out lire (crew, am
The Imwcr of atoney hereby granted, being coupled with AA interest, is irrevocable white Any ON, (
consent from Borrower and without affecting Borowers obligations Iereundec sue upon or A laswo,
credit or other art upon any terms, Any of (lie Receivables or any securities, gooran(ies, instrunonl
aothormcd and empowered to Accept lire return fully Collateral u,maxerned by any of tire Incelawalb,
any only al7eaing Borrowers liability le BIIIII, Bonk does tot, by mrything herein or in any congntnon
agreement assigned to Bank, And Bank stall not be responsible in any way far the performance t
Borrower shall area till mail only in the presence Ara representative of Bank, who may take thclIhonc
power of also try to have mail delivered to Bank, and not to Borrower, and to oven all mail and lake
only endorse or sign the is A.,,e Al Borrower on remittances in respect of Receivables, invoices, assig
s[omgc eremitic, o other Air, cents or documents in resneot At Romr,rables or tire properly covered II
6.10 inventory . If the Collaeol includes hoorrary, (a) Bank or its opruenlaltve may endorse
,sign„ I. in I. link man, totem ialI. .... dots it, debtors, little of lall noires In suppliers,
puiperly covered fl weby'. (b) Bank or its maesrmahV, Ann, m,, lime W Gore verify In,enbq', net
any time forauch p A,ae, (c) so long as noilher Borrower nor Any Olhcr Obligor is in dofvill of ;my it
may be sold by Borrusvcr' in 0e. Ordinary m[nn'm of business, bill shell not otherwise he tekwr or remove
6.1 Fonher Covenants Without Jr, prior written consent of Bank, Borrower shrill nor. (A) Pledge o
pencil any fn mile stalma,st (eaten( Bank's financing smlontenp to be on file in any public a
eneutnl mnee It "their w any of the Collateral or m any other assets of Bonmvcr, utyp( for liens am
sdlkn¢nl, bulk are, Icuse it Imnsly of asses Inner Ilan in the nol'Inal entire of buinue: ld) ussun
obligaiunsof mp•..,rams, linnorco,nrxtion. exic,l I rndnrsenem of marnmmlls for dilin it or col
few any nerlor or a ur... dadtq Or sell or team sulwhmUnit ill of hs osseh; , 11) purchase ,,coin
one rprise +vhavoc,or, ether till,, the threm of igaions of the United Stales or Bank.
]. DEI'AUL'I. At)) of the lulleming will be a deficit[ tinder this Nate and Scciany A,ree,ra(. (a)
failure (o psm hour any other obligAGOns hereunder. (b) a ddrat by any Borrower upon any ill [lie exp.
Quite rObligoraAOnanyof[he existing Or John, consortia of any Counts, Obligor to Bank. (d)a let.,
Note and Security Agreement, any other agreement, Area, cart or dneumenl in mnnocrumn with on
between any Borrower or enter Other Obligor and Bank, or any cor-AOoae affiliate of Bank, whether pr
change in the linnnciuI condition Of.,,) Borrower or Other Obligor Front VA( expressed in 0A 6nnacin
and Sarni{, Agreement, As determined in good Ibiah by Bank in its sole discretion, in institution of I
Against nap Bonvwer Or Other Obligor in any state or federal cam', (g) the appoinnnen( of a receive,,
inmlvnrcy or cnec imrs'righB law for any property of any Borrower or Other Obligor; (h) lapse or Ica
Collmoal offer (her Ibm id, sales urn coot, or other use of Collateral in the ordinary course of such
W i tcol or Additional collateral as Bank may i,, good frill, request; Q) any wormn(y, rc,ouculation,
printing m have been incurred m any material respect wien made or famished, (k) the occurrence of A
noire or bull,, a &A...It nude, any indebtedness of any Borrower or Other Obligor to any person Out
insured for the benefit.1 Buick, to airy Ollie. assets array Borrower or Other Obligor, or the Imnskr.1,
assets of any Borrooer Or Other Obligor other Ihan in the ordinary course of business of the Bono
Barmwer or tither Obligor for the poymenl of money in excess of E5,00000, (n) Ibe toy, upon O
mwrdauion of any fWerml, litre or local ms lien ,,gains[ any Borrower or Other Obligor; (E) a chat
oar,animlion ofany Banwo, or Other Obligor which fs r corporation, par(nership or Other legal e
person; (r) failmc ofany Borrmeer or Other Obligor to furnish to Bank Inch financial intbnna(lon As Bi
Bank, In ifssole dtscrc(dal[lie abilAy of any sonawcr or Other Obligor co lay or nonI any it fd
8. REMEDIES.
8 1 Saudis Rights And Remedies. Upon a defnull, in addition to all other rights and remedies avail,
document or ngreemenl between Borrows, and Bank or render applicable low, the holder offlAs None at
or demand, may (a) raise the not of in u,rt Accruing on the unpaid balance date under this Note and S
Of talent{ oIhmvisa ..... wahle, independent of whdher the holder of this Note And Security Agreer
default, and of declare file entire unpaid principal balance plus ncorecd interest and all other some d
secured nediwr under the Unini n Coemere al Code, including the right to fake possession of Iho Col
right to require Borrooer to assemble the Collmcol it such five As Bonk Any specify- Borrower Ago
Borrower Audw all other listorilcs and obligations of Borrower to arc holder, and that the holder shall
habilthes and 0bllgmions. Borrower also hereby authorizes Bank, upon a deraull, bot wtrhont prior
Borrower [n be Ieaid, In Ias(iude on action for rapleyin, wilt or wtlho.I bon a Bank any elect, to 0
co,,, of (his N.(, and Security Agreenn¢nI viefed by alfdmd[ of Bank or .to on behal I' of Bank altar
e inm Bank's posession; (b) to sign Borrower's Alone on any invoices
tumbles and notices to account debtors{ (c) to Amify the post office
may designate. (d) to receive. open, and dispose of mail addressed to
:onditioas and imposes And initial orttis Note and Security AgroculoA.
liftw ors [Aruba, unpaid or onpcr cemed. Bank may, without notice to a
collect, extend the time of pnpmem Arms cou prorttse m settle for cult,
or insurances Applicable dmreto or release the obligor thereon. Bank is
without amic, Io or consent by Borrower, all lvithout diloorm,ing Or in
ar otherwise, nssunre any of Borrowers obligations under any contract or
Borrower of any of the Icons and conditions thereof Upon demand,
ny noinuance on Receivables assigned to Bank. Bank is also granted the
fcrcfrom any revo Monte on any Receivables. Bank or its represcularre
arras, financing alntenmats, notices (o account debtors, All, Of ladin,
sign the name of Borrwssr on remdtarcu in respect to Inventory,
rage or other instmnlelds or documents in respect to bwcnny, or the
i oamal count or otherwise, and Borrower shall mike same available of
to Obligations, Invemop, imrject m Bank's continuing security iarersls
{iota Borromova's, votaries
;Ann any sternly interest in any Gulln[eml to anyone Arco,[ Bank, or
ice wall respecl bronchi, (b) fission or suffer any lien, levy. or other
encumbrances in favor of Bank; (c) nake any agreement, .,A o'
, guamutee, endorse or oNmoor, become liable in connm(ion with [h,
coon or shnilor transactions in the ordinary course of b,,sinus; cleaner
to the obligations or stock or any person, firm or cnrpmalmn or other
lure to pev any principal, expense, fee, chagc or micro[ obmr due, or
It or forvo obligalinns olcry Banooer to Bank; (c) A derault by any
by airy Borrower under, or breach Orion, provision or warranty of this
of lire Obligmio is, or any other Agmen on, inslnnnent, or docummn
saintly, simultaneously, or herelt entered into, (c) a material adverse
datcmenl nmsl recenlly uncoated to Bank prior (o the dale of this Note
nkrupacy, insolvency, rcorganitalion or receivership proceaiings by or
¢signea, custodian, trustee or similar official miler tiny fwicrnl or sere
nation of rice inter..( of any Borrower or Other Obligor in any of the
ss; (i) failure ofany Borrower or Other Obligor to furnish to Bank such
smtenenl to Bank by or on behalf of any Bormwcr or Offer Cashier
I, event which is, or would be with the passage of line or the giving of
than Bank: (1) any material loss; theft or sabstamial damage, not fully
se or wevnnbmnce or other disposition oral or any nuentrial pan bribe
er in Color Obligor, (A) the entry of any foal juJgnlen( against any
attachment Of any assets of any Borrower or Other Obligor, lo) (he
go of oar.eshtp or darrinttmr, ne,gcq consolidation. I.Rac miom o
ity; (q) the death or ally Borrower or Other Obligor who is a natural
k may require fmnr time to [pane, (s) We ddermination in good faith by
it respective obligmlo is to Bank is iin paired for any reason.
e to it,, holder of (his Noe and Seeuriry Agreement node, any other
Security Agreement, in (he holder's It discction on r wit hoot notice
Arty Agreemam by two percent DO) cottoning, Dual above It,, to(,
II elects to accelerate the unpaid principal balance as a result of such
hour Is, iArmemosely due and ,Dyable, (c) exercise try right of a
cml without the rise ofjuderal process or hearing ofany kind and (he
that a deficit( under Ibts Note and Secwiry Agreement is A deftell by
'e the right (o declare immedia(ely due and payable all efruch other
Bic, la or afcrmnd n,.a borrower onJ witl,ma prior opporunily ref
n pcroccono of any of [be Collateral. In such oc(Iwr for reelevia, u
correct evidence of Bank's. righf(o possession offs, Cotmma[.
8.2 Costs of Collection. Upon [lie occurrence of any ill Bank shall be mailled to recover fmnr B 'rover reasonable "ouncys lees of any attorney who is no[ a salm led
employee ref the border of this No(, And Security Agreement (m to extent not prohibited by law), plus on costs and littler expenses which airy be inexnrred by Batik in (he
enforce.... [ Or anmtpted enone nmil of its rights hereunder, whether against any third panty, Borrow r. or any Oll,cr Obligor. Expenses recoverable rom Burrower shall (to
the extent nil prohibited by low) indude cosh of collection, including lien,judgnenl, and other record arches, salaries, cabal-pockeuravel, living expenses and (he. hiring or
agents, consusonA. appaisers, a is units, or mherwi.. All sums of money thus esl+eacdeQ lord all liver mantes ,panted by Batik to protect it, interest in (he Colmteral
(indndiug insurance, taro or anoint) shall be reformable by Borrosvor to Bank on demon d, such repayme t to be seemed as provided in Pn..grant 4 hereof
8.3 FAeclosure Upon Ih, oemarenee of any defaul€ in m[duall Io other [candies provided under it,,
discretion, nay lawfully cour Any of (he. Borrowers famines or 11 to pr.[nises where the CNlmnal is
See[ A 95d of list Uniform Commercial Code, the Callmaal or records taaoh'to loch )I,. as Bank
all such Cull'i"al nvatbible at such easonable place as Bank may direct, and realize upon (by sale or in
adveniwoom or notice to Borrower, except hall. amens tire C.Hrovoal is retria le or Ihrorous Io dot
Inui),., Commercial Code, Bank in any time then ordanallm, it, its
[.led, And will, or wi(hom judicial process, lowfllly remove, node,
ay dour estimable, or require Bonder[ to assemble and make any or
ry after manner) all or any part of the Collateral, in each case without
1 speedily it value, is of a type customarily sold en 1 r coguimd
market, Bank shall give Burrower and other parties u..,.dcd to notice, reasonable notice in writing
private site, in one or more sales, or such price or prices, and upon such terms either for cash or cre
only bid for and hecomc the purchaser of ally or all of such Collateral, and/or Bank may forcelo.
connection with any notices to be given pursuant to this Poragrnph 7.1, it is agreed in all instances
notice shall be darned given when delivered or deposited in the U.$.rnall wilt, first class postage.
liquidation of the Collateral, less all costs and expenses incurred in connection therewith, including
Obligations at tire time of default Bu the ament nor prohibited by law) and, or the option of Bank, last
that Bank in its sole discretion shall decide, and Borrower or other party entitled Ins rem shall be anti
heard shall fined Borrower's centlnuing liability to Bank Ibr mry def¢iency earn nining alter any fort
absolutely free lions any claim or right of whatsoever kind including any equity of redemption of B
waived and released by Barrowcr.
ra the safe r oe Collaarel or any part Ihercof al public auction or
r future delivery as Bank Play elect, Bud it any such public site Bank
security intones( in lla Collateral in any way permitted by law. lu
rive (t) business days notice constitutes reasnnable notice. Any such
net proceeds afany such sale or sales and any Innounls received in
nay's lees equal to fillems percent (15%) of the unpaid balance of the
pilot lien claims, shall be applied against the Obligations in the order
to any surplus resulting therehons. No action taken by Bank pursuanl
are. The purchase at any such are shall thereafter hold the Collateral
xer, and such demand, notice or right in equity are hereby expressly
8 A Alternative RcrnWies. Bank may caecisc its rights and remedies Oeramder either allcrnnlivdy o1, conanren(ly coils its rights under any and all other agrccmeas bewecn
Bank and Borrower and shall have dm full right In nail upon all available Cullmann, collecting oIbe same nr inslitut ing proceedings in connection (herewith, until Bank
ceives toy n e r' bill Ball of is wing to Ba 1, t ado, any offs ag ee m Is with Burro ere Bang p 1 pal lanes! coil Bud expenses and cosh of enfo aumem or
wempred earorcerne n of bits o nn other agreen¢ut among o bcl ee Bank slid I o o y Ibe Obfg Bank shall b under rte obligation to pursue Banks rights
against alp, Other Obligor or any of [lie Collateral al n al Other Obligor sere r' ng any of lbe 'unel all a pr rss nig Bn nk's r'gMS against Borrower or the Collateral.
9. RIJU I Of BANK, NO AC f WI 111 RESPf:Cf 10011 IER OBLIGORS AND COLLATERAL
leans mad agree Bills JwIw ra Banir and any Other Obligor, and BII unandrnents and nsodirications IF
writing- Bunk rally, wralrour mrnpromising, impairing dishing, or in any way releasing Borawrr
of Borro.mr, al mB liana or from lima us lime: (a) w aim or wane any default by any 011wr Obligor,
with respect ill arch default. (b) goal extensimax .. lime fnr paymcnl or act area by any Other 01
Other (Obligor, or eanne, auras, Or subordinate, in whale or in part, any lima or security :mare
00w, O inwhileorin pn or Iha obligations bran, "b lle alq(d) rauscmry(llher OblB
any
any Other Obligor a Ranh In ary? ig nncr, or In ally runn il, o neeornllcn Bunk r
Break's agrcancti with mw Other Obligor, r, or nr doe s ustpect any m or writing, catis or n
w
or will, utith r. espccl to Po mry er the obligations crony r
with rcxpccl to Ibis Now and Sccurily At nsun
ceplancchereoforr Urank, act, or r Ba Bunk's acetone inn)Bebreams:(il)thepresent lign
unt) to, I, ony chmge (herein: (iii) oayny default by any Other Obligor
Bank any Icma or uls direct
pledge,a,(efua n, othvimlrrr sI,c) itanpof.he oni .1ofrep Other Obligor to Bank, (h) prey
and proms! of mapaymea, and () demand for perfonamsonec of Buy Other her Obligor,
IVERS Be BORROWER. Renewer hereby assents to any and all
whether presrntly existing or hemp made and whmber oral or in
the Obligations and wall notifying or oblaining the prior approval
so in the exercise by Bark of may or 111 01 Bank's rights or remedies
(c) release, substitute. exchange, surneall or add eollxteal orally
it by Bank on any mil or personal properly wonting payrncm or
Q'applp paynuenls ,,,do by any Other O(,ligcq to any sera. owed by
act also (.) mmlil'y, Orange, a neov, crland, or amend, is Bay respect,
ing the stun- Borrower waives; (B) by and all Boilers wludsocver
Obligor to Bred;, ineluding bur not limited to notice of (i) Bank's
nr (mare incurring of ony of the obligations N any Other Obligor to
(iv) the Obtaining or release of any guaranty or sorely agreement,
:sit tend coolaint for paymon of any sum due Irons any Other Obligor
IB. WAIVERS: EXTENSIONS OF MATURITY. Borrower, dead all parties to this Nate and Secursq Agrcennnl, whether maker, cndurser, or geometer, waive prescmmunnl,
da toor arbee of dishonor and protest, and agree that the mutually ofthis Note and Security Annme a, or any pt,tom due herarnder, may be extended at any Grocer from
lima to time without rel"ang, discharging, or affecting (he liability of suck party.
I I. JOIN'( AND SEVERAL LMILITY. If nmrc than one person m catty is executing this Note aJrIt Security Agreancrit as a Borrower, all liabilities under this Note and
Security Agreement shall bejdint and several will, aspect to each of such persons or naities.
13. BINDING NATURE; INVALIDffV OF ANY PART. This Nam and Security Agmemenl shell i are to the bcncril of and be rnforceablc by Bank mN Bank's srrcccssors
and assigns and any o.bcr person to when Bank may grant all interest in Bonowdes obi ipalions le Ban , and shall be binding and enforceable against Borrower and Borrowers
personal represenrmives, successors and assigns. If any provision or parr It provision of (his Nole and Security Agreement shall for any reason be held invalid, illegal or
enfoneable in any respect, such invalidity, illegality o.' annedurceabrlity (hall not Blfect try other pm Isions ofthis Note and Security Agrecmenl, and this Note and Security
Agrccmunit ahall feu construed as if such invalid, illegal or uucnfomeabte proviaten or Varl thcrwF ha never been contained herein, but only to tire extent of its invalidity,
illegality or one ro ctabildy.
U: MAXIMUM RATE OF INTEREST;COMMERCIAL LOAN. Noovilhsranding any provision of his Note and Security Agrecnenl to the contrary, Borrower shall nor be
obligated to pay inmrest beers nder in excess of the maximum role of inlacsr pereadled by the laws of ny slate child o fined to govern this Note and Security Agrecmenl or the
Imes afthe United Sm.u applicable in loons in such stela Ifuny pio"nuou of (his Note and Security reamaa 0.11 eve be wnstnred to require the pw,neal of any amount
of iuescal in excess of Ural penniued by applicable law, Ihau the interest In be paid hncuuder shell be litId subject to red scGms to the amount allowed under applicable Inv, and
any sums paid is excess or use...teral raid allowed by law shall be Braked in reduction of the principal alance outstanding under this None and Security, Agreenama. Borrower
acka,nPedges that it has been conmurple ed at all times by Borrower than the laws of the Cornmonw Itb of Pennsylvania will govern the max'inmm rate of inlerest that it is
permissible for the holder of this None and Sccurily A,exaso l to dnarge Borrower under this Note al d Security Agreement Bono.ver wamdnts Iho. This None Bad Security
AgreenmPl evidences a loan rnada solely to Bernina an interest in or carry on a business or connnercial at reprise.
Id. CI101CE OF LAW, CONSENT Of VENUE AND JURISDICTION. This Notennd Searrip Agr ememshall be governed. constnred and interpreted in accordance with
the I pI the Co s nomvenlth orP syl a in ,air I tl e Pennsylvania rules go er ing connids of la s would olhat" a require that the laws ofanothcr jurisdiction goer n
(ins Nol and Se"r'ly Agaeme n. B n er consents to tirjurisd olio n and veran of nh ns o any county o city in the Conn nolnvealth of Pennsylvania o to the
j -sAauns and r enc or she United Slam Do(, el Co.,, I,rte Middle District of P msyla- i ?a action or proceeding brmghl to enfora, construe or interpret
Ill Nore and Sects-ty Agrees t Any lotion brought by Burrower ng 'nil Back vl ich rs Ined Jir Icily o national), or in whole or in part, upon Its Note and Security
Agrees cut or any natter related to this Note and Senal(y Agreement shall be brought only is the courts fire Middle District of Pamsylvania
15. UNCONDI I ZONAL OBLIGAI"IONS . Burevv is Obligations under Ibis Note and Second, Agr ennen( shall be (feu absolute and uncoudei aeol duty land obligation of
Borrower surd shall be Independent of any rights al set-off. recoupmeul or conownO,tm whiels Bu III might mherwise have agalnsl the Insider of Ihis Note and See try
Accentual and Borrower shall pay absolulnly the payments of principal, interest, charges, fees and expe sex rcquircd Lane der, free ofany dcducltona and wall able cmna,
diminurin's or setoff:
16, ADDRESSES. Set Forth below are the addresses of,
Address of Chief Eserutise Office
TrIciphore No (717177(,-717
Address of Location of Books and Records 456 Moral Karl, Road
Relating (o Collateral
wail Rdl
el , eNo. I] 776lion]]
(Tclcphnnc)
Olbcr Addresstest W Loew,i n(s) of Collre..1
(if m,Yl
17. N'AIVEIJ OF.) UIIF 1 I3 U L. Bill a'I. (b, ara„ion of l I. is NO, xlid Sca,ritp Ag, 1) all Battktbpaccepmnec of I Ills Not, ind Scrnril, A,,,,,r,p
agree Iha I am' nail, action of pnrtadi rig, rtbel bcs' thin, or re. n Is, ell In,, brosgbl or ills Ii to to by B., rinser or Barr h or wi III respell la IIris Nate and Strnrity
AgreBn enI or 1111 ch in any lire) rdalep ill tell, or indircclly, to (h, oldg, lions of Ba,, a,, ,' to B lilt andef Ili is No le and Sersii IT Agrcemmo l of the darlings of illc
pm'fits sOll...spat Ibgeln, .dull be Tried aid, by a coon and ,aI bT , jnr)'. UORR OWER A D BANK II ER EUI' EXPRESSLY WAIVE A N V RIGI IT TO A
'I 'R IAL W, .) URY IN ANV SUCII SUIT, AC"Il0 N, 0R I'll OCEEDI NG. Dorrama' and 11. a It ac olonicdge and agree 114111 Or is provisiml is a spec i fir auJ ma tel'i;,I
hayed of U., agrreatrnl btneett Ill, panics mu( Ilul Bark nnnld ,at atter iala IIre I, ans."F on w It Do, rar"t, if this proctsion rtelx not a part of Their xgreemesd.
IN WII'NESS WI ILRE01 , rod intending to br legally buond hereby, the i lml,goeJ executes Ibis No c and Secura, Agrec,nr.nl under seal, ss ?orrosecr, n of he date. lurr
wrincn obovc.
s\
WITNESS. //?? pp11 DO OWE
fir( P,-`K??fannN ?. (SEAL)
$i pp
Smnocl S. Cal man, InciMchwlly, slid Trading as Calamads Larva
Service a Penl s Ivania Sole Prop, jetorshi
(Print N:rc(ie) (Print Name)
MVdfess: IS6 Mmml Roca Road
awillc, l'amryh'hnia 17241
Telephone N tnber'. (717) 776-2326
Social SccuriI No. 173-54-7713
EXHIBIT "B"
5ya5t)0,4
COMMERCIAL PROMISSORY NOTE AND
S 11,200.0(1
AGREEMENT
T
FOR VALUE RECEIVED, the undersigned ("Bonower") pmmisn m pay to the order al' NI tt Dank a fl.Odaod store-ebnriered emnmerdal book ('Bind."), at
beak's officer at 1123 N. George Strect, York Pennsylvania 17404, or at such other place is (lie holder of this Note and Secmily AgreenswU any from lime to lime
diarpol ., live prineipal surer of Eleven 'Thousand Two IDuulend moil 001100 Dollars (511, 00.00), or s,.do other anroual m moy be advanced front lime to lions I.
borrower, mgdhlawkit aronlthereovnl tLenteufrntes berm0a specifiW and nap and all oth suns.abldbnmy bemvingln Bank by Donowerpurn+omi to this Note aW
Secnrity Agieeme t. The following lens shall apply lu this Note and Security A®n,onert.
1. INTEREST. prom the dale hereof omit nil sons due hereunder, including principal, merest, c argon, fees and asperses are paid in full, We principal aowot
outstanding Pram little lu little pursuant to this Note and S.caily Agree, out shall bear interest I it. fixed per annual role of 0.94000%, and eade doled on it. basis of n
three hundred slaty (360) days per pear tailor applied m the round number of days on which liners exists nn unpaid balance Ireremnde,
2. Rf:PAYMENT. Donovan- shall make po_wnema or,minei nol and ancient monthly, end well payment in the renount or 5127.43, at the SIR dry of conch ,wall,
beginning on Jnne 5, 2001, and coninuing unlil Me, 5, 2006, which is IN, Bad and absolve ere date of this Note and Security Agreemwd, at ovhido time all sums due
hereunder, including principal, interest, charges, fees, and espensn shall be paid in full.
Dmnower may prepay Ibis Note and Secmily Agreement in whole or in pan at any time or from ti ne m lino .vitlnaw protium or additional lateral. rhry pro,,,,r a ofrhe
principal balance of this Note and Sect riI, Ayxement shall be applied l o t be onIsla riling pia, Not l olo na of this Note and Security Ageanenl in the inverse older of
scheduled mauritics. All Replicate mode pursuant to tbix Note and Securip Agenn eru shall b npplied first to necnad and unpaid Imernt, Ilan to unpaid expolan, wad
charges payable hereuudar, and then 1.principal, or in such other order or proponion es the lmlder in the holder's sole discretion, nosy elect rrom time to time.
3. LATE PAYMENT CHARGE. If III payment due hereunder (including any payment i n whole or in pan of principal) is not received by the holder wOhia fi0eell
(15) enlendar days after its due date, Bonower shall pay a late payinem charge trust to five percut Cioe)ofthe srac IRicn due.
4. GRANTOF SECURITY INTEREST. As collateral security for all obligations, indebta
of endorsee n t, gnarady, pledge or ufenvise), liquidated or i nlignidaled, joint or several, ronalu
any loan, nom, leas, of credit, guaramy, overdraft, or any Other duly owed by Domo ver to Buck
sons duc Ie Bank under or pnranvnt m Ibis Nom and Security Agree nad or any accompanying
Ou Collateral (as hereafter defined) or no preserve, protect, or perfect Bunk's security inleresls
preparing for sn1, selling or oherwise disposing or ar realizing on Use Collateral, or of any ewer
O lo,r Oblige,, lagers, with Bunk's Oufan,s' fees, expenses of collection, mod ..no cosh (cu
Follower, Dnrrmver hereby .,as and pkdgn to Bank . continuing s rarity inters
I PDKF391136NA82098 and including vll improvements and icrosioiis thereto and all spare pe
connection Ihelewith, and illy nainlenance igreonents applicable tbema, and all proceeds and
Agreemoi, Ibe Feint "Olher Obligor" note... any pees., or eolily ether Ibvn Borrower that is now,
with any of File Obligations or Uml has panted any lien or security interest w or far file benudit <
...mots,, surety, endorser, or c,-maker ofary urban Obli,runare
new and imbilintni of Bu wwaO, to Bank, whelberdi ed or indirect (by way
contingent, comonpialed or unconleloplele,t, or otherwise arising from
stoning or hareaner arising, indnding but rail linoled to any and all
an docnnants, any and all soon, advanced by Bonk to preserve or protect
ad liens in We Collateral, as well as the espensa of misking, holding,
se by Bank of Bank's rights in We event of a default by Ban.,,. or any
actively, "Obligation.'), and in coelidendion of advances Dom Bank 1.
No Ilve following (cullaoively, "Collateral"): 1995 Ford F-350
Is, pools, accessories and almduneals now owned or hereafter acquired in
roducts thereof, and all rights Iberelo. As used in Ibis Nom wad Seanity
h reo0er liable, directly, easoingemly or otherwise, upon or in connection
Bank to settle, any of We Obligations, including, bill not limited b, way
51 CONFESSION OF JUDGM EN f. Damao irrcvombly and nncondillonNly and
oust of record In lire Willed States to al,panr on behalf of Borrower in any court in one
nlher cinal al 1, mid f appear got, ant nil enter jud,naal ugniml Boce. wor ill a
over end of defeat wiRt orl out caagdanl riled, and without prior notice to or oppark
n nil Seanity Agreemmaf in the fall normal of the indebtelnesa evidenced by this Note an
and all dumges, re's and eapmses) pins cuml costs, plow ntlorneyl fees equal to Race's pa:
ether snow duc at which moy because file hereunder, will release of all errors moil ,III..
m:py be ronfinscl ngabnt Borrower upon this Note and Security Agree nscnl, BarI ncir ago
only o city of the Cnunnonncdth of Penansyl-al. or in the United Stairs Mousier C
heucfnl of any and evn3'stands in diuance, or rile Of Coo 1, whelher now In force of hereal
any light or privilege of exemption, b.nnntcad righla, nppreli Ounall, stay of erecullan or
ucdulle enforcnnenl of a judgment or rdefed proceedings on a jndgaeol. (To the axle
alwu nor eat+rauone . thin tar nay real pt I.PrI 1, bunted in Peans3alo a o to D file rnhl
enter judgment agninsl Borrower sha l not be exh alsood by .ne or more exmeian thereof,
ap jndgmnn entered pursn:nsl Ilardo; such authority and pon'er nmy be exercised ms
jnrladictio+n, m after as Ibe bolder stall dawn a ssnq . ndNSnble. BORROR'E
IIIDGMENT PROVISIONS HEREIN CONTAINED YIJIIC'II AFFECT AND WAIVE C
UNDERS'T'OOD AND VOLUNTARILY AGREED' 10 PIT BORROWER.
REPRESENTATIONS, tVARRANTi ES AND COVENANTS.
rhzn .,W rotor ers any allill nJmllmd In pmetice before nay
noore proccelill or before any clerk Werrofor proll o lolary or
It.,. uproand after line invinneure of any lefaull hereunder, wills
ty of Burrower for' pa Nor bell III lnr' ofrhe holder oflhie Nate
Security, Agreement (fuel Do, principal, necmed bgesnl and any
ern (15%) of Ibe unpaid hNnnce of pH,,OipnL, blerent, ahnrgea, ..,it
fight ofoppeal. 1.1:ulditlon to all other canna in eld(Ch judgment
a final venue ..,it jurisdidloa shall be property in the conAr of nay
or for the Middle Dintid of Pelmrylvnnin lb rrover wolves file
coded, which only he 1ovbUly evolved co lfanLrg upon Borrower
pplcmenbory proceedings, or other relief (rout Ilse eu frcemenl or
probibhod 1, areliable Inor, any judgment obbfned by confers]"
e of any Do-roes.) The Onjunuity and power to appear for and
by any I per feet exOoru the... I. all atoll not be cxlinguiahwl by
eimna from Itme la If e,
ne ii, m I. the snow or dif erenl
HEREBY n ACKNOWLEDGES THAT TIIE CONFESSION OF
ITAIN LEGAL RIGn its OF BORROWER HAVE BEEN REAM,
6.1 Authority; Location; Nwne. Bonower is duly organized and existing in good standing in the ste a of its organization, is qualified to du business and in good standing in all
jurisdi li, ns where it conducts its business or its lleceivables are locnlcd, and I+.ss all rcruisac war, authority, licenses and permits to own its pmpaty and carry on its
business. The exeiallo, and delivery ufthr, Note and Security Agreement have been duly .vuduaj d by nppropriale activate, company or pammrship anion. The principal
place of business
and Se, o c Bo t, Bor Bontheower boosholl ks and inrecords relating w Bank in o is business and Fla Calla rat, and the Collateral ere bcoeJ at the a n ul forth in I In Noe
Agreement .mcdiately advise Bulk writing of line opening of soy new place of business or the dosing of er any or its existing pleas of
business, nod d of any change in Borrower's wer's none or Ibe location ofrhe plains where Une Colateral, o books and rerorrk pertaining to We Collateral, are e kept.
6 2 ..' m" of ar, n 13unovo has never received l low te etpu complains err t lice of investigation relating ou Ise making, scoring bundling genetti,
or Itnsponing nny nioumrinls or substances which older r a appplialicabble e Incas r require e special banJli gin collection storage, hentmeni or disposal ("Hnzvdous Substances'"
and Diarowcr does not own,oak,mil, oandle, dispose oror nnnep.n any Hs sodnas Subseocea a mloion ofany applicable law..
63 ERISA Dormwenmd each of its affiliates and snnidianw, ("ERISA AQliums") which ae I per contemn control, or are pan of. enmrollo! group, width, the meaning
of 4e Employ. Riancmmt Nwme Security Am of 1974,. amended CERISA"), are fi cc plianc with all applicable provisional of ERISA with regard to each of its
employee benefit plans (. defined in Ell ("Employ. Benefit Plans"). Neither a reportable even a a darned in ERISA) nor a prohibited bnnsfcr (as dbfnml in ERISA)
h. occurred wits rasped to any Employ. Benefit Plan of Burrower or any ERISA ARiliale, h meElmely upon the oceurramx ofanysuch reportable event. Borrowershall
promptly formals to Brisk naia thereof, u filed with pension Benefit Gummly CArpamfla it PBCC`T. Neifha Borrower nor arty ERISA Affiliate has coosplemly or
pemially withdrawn from any m thiemployer plan and no each mulfiemployer plan is in rcorg zalion, all u pravbled by ERISA Borrower and each ERISA ARli.c has
met its minimum funding requbbmenn and has no unfulfilled obligations undo A ho cvn me m my Employee Benefit Plan. Burrower shall promptly notify Bank of
any assertion by PBGC of lilddlity of Burrower or any ERISA Affiliate it. Title IV of ER] Thc failure of Borrower, to pay within thirty (30) days the amount of any
liability under Tit, IV of ERISA demanded by PEW shall conatitute a default hare under.
6A laws. Bormwer shelf comply it all times with all laws, ordinances, rules and regulations o any Federal, State, municipal or ocwr public authorities havingjunsdiction
over Borrow., the Collateral or any of B.W. other a... including but cwt limited to ER11 A .it all laws relating to Harardems Subsaareal
6.5 Texas. There ar. ca unpaid Federal, State, city, county, or other toes owed by Bonower, On
are no Federal, Suite, city, county or other tax liens presently filed against
Borrower, and there ere no aubsWdirg personal property taxes of arty kind. Borrower shall pay load discharge, when due, all taxes, levies, lieru;ard other charges on any, or
all of its aeons, including but nit limited to Invenory, Equipment, Rceivables, and Other Pro and shell pay promptly, when due, all ether taco, including withholding
taxes.
6.6 Recording and Legal Costs; Fuller Documents. Borrower shall pay all cosh aced ezpas?' cident to the making of tad loan(s) secured hereby dot perfection ofBlosk's
security interests bereunda, including but not limited to all xhoal fees (to ire enmi not inhibited by taw) and all recordation cats and Was incident to filing of
financing atatamart, and confirmation statements in respect thereof Borowa shall execute ud d liver to Bank from time to time any oawnwvls or documents, and shall do
all things necessary or convenient to eery into effect the provisions of Us Note and Saurity menl Borowerdesignatas Bute or any of its oBem u aMmey-in-fad to
sign Borower'a Haase be any such i arunenta or documema, end in file the same u maY be ap prate. Hortowa agree fiat filed photocopies of financing statements and
continuation statements shall be miliciart to perfect Bank's security idecand hereunder.
6.7 Books and Retards. Bmrowa shelf sra(Main such records with rasped to the collateral and a condition (financial and otherwise) and operation of Borrower's laminas
as Bank may request from time to time, and ahall furnish Bathe such information with respect to Collated, account debtor, and the condition (firm vial it otherwise)
and operation of Borrower's business, including but not limited m balance Wheels, operating erns cols, and other financial irJomatioq u BWC may rcgpest from time to
time. Buck may en any time and without prior cam. to Burrower it without the cm 1 of er directly cannot account debtors and verify or confirm the status ofthe
Receivables, Borrower shall fumi m Bud, or cause to be famished to Bank such financial irdo 'on with raped fur any Other Obligor, including but not limited to balance
shoats, operating almemrnts, peraorul financial statements and other fnumial information, as B may rquest from time to time. Bute or any of its representatives may
from tone to time suspect, tied, make copier ofor exuads tom for books, records and foes of nower, and impact my ofthc Cal Waal wherever located, Borrower shall
make same available at anytime for such purposes.
6.8 Insurance. Burrower has and dull maintain isssmsunu not all of its assets and properties, inclu ing but not limited to to Collateral, at all times and against hazards, with
companies, in amounts and in from acceptable to Bud,. Borrower ahall submit to Balk original "ranee policies and receipts evidencing payment of the premiums due on
same. The policies shall name Banc as sole loss payee and additional oaurcd with respect to the Ilwm.l, and shall be endorsed an as to make Ilan non cu callable unless
thirty (30) days prior notice ofceaac Alan" n is provided to Busk
6.9 Fuller Covenmns. Without the prim written maent ofl3ardt Borrower shall rut (a) pledge r grant any security moat in any Collateral to anyone except Bank, nor
pcrosil any fmareing s atemad (except Bank's fmerand" natual 1. be on file in any publi i' with respell thaeo; (b) permit or suffer any Iwo, to, o other
u ighmooe to attach to any of the Collateral or fur any otherauces of9o noway Zueept fm lies d encwnbrarees in fauns of Bank; (c) make any agramen6 compromise,
senlemml, bulk agile, Iwo or vuufer of suam other tun I. the normef course of Wane"; (d) m me, Someone. and. a otherwise became liable in ronneNon with the
obligations a any peron film or corporation, except by rnMUement a isatmmmus fm deposit it co Beds , or similar menom ors in the ordinary course of business (e)
enter into any merger a consolidation, or sell or lease substantially all of its .nets; or (f) punch acquoe the obligations or stock of my person, firm or co sarrawn or
other enterprise whatsoever, other than the dived obligations ofne United Si or Bank.
7. DEFAULT. Any ofthe following will be a default under this Note and Severity Agreement I
failure to perform any ono obfigations hereuMrr, (b) a default by any Bonower upon any ofthe
Other Obligor upon any of the existing or future obligations of my Other Obligor to Bank, (d) a
this Note and Security Agreement, any other agreement, uncommon or document in cotmsculm wi
between any Borrower or odic Other Obligor and Bank, or any corporate affiliea of Bank, wt
adverse change in Res financial condition ofany Burrower or Other Obligor from Hai expressed in
this Note and Security Agreement, as determined in good faith by Bad, in its cote discretion.
proceedings by or against any Borrower or Other Obligor in any slate or federal wort; (g) the app
any federal or some insolvenry or credtars rights few for any property of any Bco ower or Other
Obligor in any ofthe Collateral other ran through ulu of Inventory or ocher use ofCollatoral in d
to fhmish to Bart, such collateral or additional colWcral as Bank may in good faith request; Q)
Borrower or Other Obligor proving a have been lammed in any material nba cot when made or
passage of time or the giving of notice or both, a default under any indebtedness of any Borrower
or substantial damage, not fully insured for the h awfit of Bi l6 to any of the assets of any Bi
disposition fall or any material part of the uses msay Borrow. or Otus Obligor over ran in
entry of any final judgment against any Borrower or Other Obligor for the payment of money in
Bonower or Other Obligor, (o) the ra...deton of any federal, state 1local ax lien against any Bc
consolidation, liquidation or reorgameatiot of any Borrow. or OJwr Obligor which is a sm orwo
Obligor who is a natural person; (r) failure of any Borrow. or Other Obligor to furnish to Bale
domination in good faith by Bank, in its able discretor, that the ability of my Borrower or Olh
impaired for any rc.on.
8. REMEDIES.
failure to pay any principal, exyca4 fee, charge or interest when due, or
isting or future obligations ofany Burrow. to Bank; (c) a default by my
fault by any Bonower under, or breach of any provision or wanenty of
any of the Obligations, or any other agreement, instrument, or dommenl
her previously, simultaneously, a haeaea entered into (e) a material
e financial statement most recency submitted to Bank prier a the date of
f) institution of barduuptoy, insolvency, reorgembation or receivership
omen of a receiver, assignee, mslodian, "also or similar official under
bligoq (h) lapse or termination of the iramest of any Borrower or Other
ordinary course of busine s; (i) failure ofany Borrower or Other Obligor
y wartmty, repressnntion, or statement to Bards by or ou behalf of any
-crushed; (k) the bust ranm of any avant which is, or would be wish the
Other Obligor to any person other than Bank; (1) my material loss, then
owe or Other Obligors or the irersfa, k oe or encumbrance or other
as ordinary course of business of the Borrower or Otwr Obligor, (in) the
cess of 55,000.00; (n) the levy upon or attadmumt of say saets of env
over or Other Obligor, (p) a change ofo vionabip or dissolution, merger,
, laannow an, or sonar legal artily; (q) the death ofany Burrower or Other
ch financial information as Buck may requite Gom time to time; (s) the
Obligor to pay or perform any of their respcdive obligations to Bank is
8.1 Specific Rights and Remedies. Upon a default, in addition to all other rights and remedies lived able to the holder of this Note and Security Agreement under any other
document or agreement between Borrower and Bale or under applicable Ian, the holder of Ws N As and Security Agrwmem, to the holda's Is donrencia and without
notice or demand, may. (e) raise the rate of interest staving on the unpaid banns. due under this N at mat Security Agrcwr mt by two perems (2%) pcreema, points above
the rate of interest otherwise applicable, independent ofwhetba the holder of Ws Note and Security kgreament elects to accilerue the unpaid principal balance in a result of
such default; and (b) declare the calve unpaid principal balance plus accrued imerea and all other a nu due hereunder immediately due and payable, (c) exorcise any right,
of a secured creditor under the Uniform Commercial Code, including the right to take possession of ly, Collateral withers On, use of judicial process or hearing of any kind
and ire dgla to require Burrower to assemble the Collateral at such place as Banc may specify. B seer.,.. unit a default under this Now and Security Agreement is a
defiull by Bonower under all other liabilities and mAigatio a of Borrower to the hold., and that the older shall have the night to declare inumcnieWy due it payable all of
suds elver liabilities and olr3i,ntiasa. Sononrer also hereby oothaixea Bank, upon a deranla n widkoul prior notice m or do and liven Bona.er and Witham prior
opponunily of DOrrower to be heard, la indiele an action for replevin, wish or witboul bond as Bn tk may Is , I. ohlnin possession of mry of lLc Collnlernl. In audi action
for replevin,acopy uflbis Note and Sm,uiq Agreenkem verified by allidnvil of Built or swam on 1,.rent CollntAnd,
g.2 C.sls rTC.kcanon. Upm 111. ccnnmce rally defnull, Bank slat] be entitled to recover fron Borrower reasonable ahonkcya fees ofany attomey.vbo is wt u sal, ieJ
Ins corm costs and tuba a Fences which troy be inclined by Bank in the
ediorenenl or lie(ad enl reensmt ofiia rilaa hereunder, blether againsl any third party, Bon w any Other Oblt,.r. Experts. r.e.vernhle Gorr Borrower shll (to
the ea enl not prohibited by linvInelude costs of collection, ineloia, lien, jn Ipoor, and wLer recJ search., s.L ries, out+tf-Pocket travel, living expeues ad We hiring of
.,galls, convdt nd" alysmisera, or otherwise. AM mns of money thexpended, ad 11 mber mnni. expended by Bank to palled its in(enal iu We Col]meral
(including nanni ce, taxes or pairs) sell be repayable by Bonower (o Bad; on demmnd, such reto be secured as provided in P....... It 4 hereof.
83 Foreclosue. Ulwr live .1nasee crony default, in oddh on so other remedtu provided order be Natrona Commercial Code, Bank at any time then or diticelleq in its
discretion, rnny lawfitlly user any rise Sarrmva's premia..r its premises where the Collateral is located, and with or willsonl judicial procese, IawPolly remove, under
Section 9.503 of be Uniform Comile,einl Code, WeCollnlenl m records hereof I. such plate as ad may deem advisable, or require Bonower e.a.emble and make any
or nil suds Gathers] 1"MI' e or sssh'easenble pram as Bank may direct, and realim upon (by be or in any other mums) all or an)' part of the Calker.], in each case
...thou] rd,enim,nclit or notice to Bonowe, except Ira(, notes, ere Collaleal is Vendible or thn arena I. decline speedily in value, or is To type ersl...... Ply sold on a
ree.,,,ad make(, Dart, shall give Borrower, and other parties earned to notice, rensmmble notee in .,riling before the sale of tin C.Ilmervl or any pan thereof al Vohlic
e.nin or private side, du am or wore sale,, at sucb price or price, and upon suck berms sillier for c sh or credo or Iodine delivery as Bank may elsel, and al any such public
svle yank miry bid for'nJ beeane Ile vuretlnser rally or all ofsucb Collala'1; and/or Bede may f recluse its staidly into., in the Collateral in any way pemtitleJ by low.
In connection with any notices 1. be given parsant to it... paragraph, it is agreed in all immune. tat five (5) liminess days notice conslibnes reasonable notice. Any s,dk
mice stall be deenved giver wdsen delivered a depmimd in it" U.S. rah VAII first lac pose,e, to net proceed of any such We or ,alas and any .anmu it, received in
liquidation of tie Whalers), less all costs and expenses intoned in cone, i, n thi eveah, including R.nm)", fees equal a fineen pence it (15%) ofnre unpaid balance Title
OLIigninse, m rie rive of default R. the extent not prohibited by law9 and, m Ile oVII.R of BmJr 'Is any prior lien daine, slmll be applied againn Ile Obligations in Ill
order tee( Bask in it, sets dscrdias shall decide, and Dancer re rata May emitted therein'fi'll be adilkd I. ap, solos reaulfng IlereGmn. No anion taken by Bank
pursrenl hemto shall:fRet Bon.wcr'e conlinnin, liability in Bank ]hinny defiewoO, renisni'gone a,, bredonne. The anchnser.1 all,, suds sale shall Pheno lei hold the
Collateral shall mely free brain any el Ink or right of+vbatsoever kind LneluJin, any equity of Peden, [inn of Bonower, and sucb demand, notice or rIPJd in egnily are hereby
exposed, asi.w.nd ots dby Bonower.
gA AJlenatwo Re edies. Bunk may exercise its rights r,nJ remedies LeennJcr either allemalively tonctirsidly wilh its rights under any ad all wher agreements between
book and Bonower aI'dshat!save lie Ell nda to Petite upon all available Colate,el, collectingo Ikesane or instituting proceedings in comedian Were,ill, mnil Will,
receives payment in fill .fall main[, owing a Bank under it, tries agreements Pith Bonower, i ciudin, principal, inera roils and expenses. and cords oferfomnne ll
or ouentped enforcement of this or it, liner it ce nenl arras,. be(weeu Bank and Borrower or nv Giber Obligor. Bank shall be under no oblig:nlon to pursue Bank's
rigla, against any Oft, Obligor or any of it. Collateral of any OBsr Obligor acnuiog arty of be Obligations before p::r anng Dalai rights against nt.nmrer or the
Collateral.
9. RIGNT OF BANK TO ACT WITH RESPECT TO OTHER OBLIGORS AND COLLA IERF
all lemn and agreetneds bebveen Bank and any Other OWS.q and all amendnaate and modilScraiot
or re writing. Balk may, without compromising, impairing, diminishing, or in any way releasing Bat
approval of Bonower, al any time or from tin. in dme. (a) waive or excuse any default by any Olhe
or renredi. with respect 1. such default,, (b) grant extensions flint, for payment .r pafonnnnce le
c.l lateral of any Ollser Old".r, m waive, release, or subordinate, in whole or in pan, any lien or s
payment or real..arsce, in whole or in part, of it. obligations of ... y Ciber Obligor: (d) release an)
snore roved by any 011her Obligor In Bank, in any order or nenmer, or to any specific account or :
end, irk any raped, Bail:', ....anon with any Other Obligor, or city docu,nem, marsnteot, or w
all notices Wutsoewa with respect to this Note and Secodty Ageeman u will re.,ed to any of she
notice if n) Hank's -eepenee hereofor BarF'a intentin, to act, or Balk's ndi.n, in reliance hereon;
any Other Obligor to Bank or any lens or nnmun[s [lie ...fee .,I,, doings therein; (iii) any default G
sire, agreenvenl, pledge, Solvent, or odd, aeunip, for any of the cbR,ntian of any Otber Obli
from any Other Obligor and protest of nonpayment;.,,d(c) denuartd for Ior mence ofany Other OF
10. WAIVERSI EXTENSIONS OF MATURITY Bonower, and all parries ve 1111, Note am
pnsenewm, demand, notice ofdishon., and proles], and agree dial file ntahuiq, oftbis Note and Sec,
lime or brain time to lime willan t releasing, discharging, m affeding We liability of such any.
L; e.AI V ERS AY BORROWER. Borrower r rock, and vto eny and
hthereof,whether Vrcumly exilingoranruye, ade nng n oral
Ober train the Obligations and by Be, notifying of in or of ing no, n, prior
Obligor, y Other delay in ilia exercise e by Bad: of any y ig all al) Bank's r annd
sa
sty Other OblA (e) reuse, institute, nge, surrender,
Only Obligor bald d Bank 'Inay real or lere personal pro oven, seenad
curing
Oiler OF Ban ct. and male by any Other Obligor, a any
as Bank inapply may sl elece, and d I e in Bo, change, rosin:, extend, or
.lints, a
i[ing anf any then Obo Ile ionic ne. Bwer waive: (a) any and
ot) the Pee o of nex ry Older r I. innriin n indndnng but not finites m
e ts existence or Fligor future incurg r(eny tae igalons of
an the pres
any Other, ) pr, ct and and (iv) the d....an or releas. e rally gunnntyor
;onto Bank; (b (b) presentment and demand and for pspnem ofany sum due
Seemity Agrernrens, Acsillse make, endorse, or marnnmr, waive
it A,ennenl, or any payment due bereunder, hPlay be eUedcd al any
11 . JOINT AND SEVERAL LIABILITY Ii floor one penal or entip i' execwing Ibis N.I and Security A,cement as a Brower, all liabilities under Wis Noe
.and Security Agreement shall be joint and seven) with reaped in con' of aab pen.ns or enlill
12. BINDING NAI LIFE; INVALIDITY OF ANY PART. This Note and Security A,eentenl hall inure to the benefit of and be enforceable by Bank and Bank's
snccess.rs and assigns ani any ratter person to "bank Bank tray .,it an interest in Donmvcrs bli lions to Bask, and doll W binding and ad'omeabe against Bonower
and Bonower', personal rgn.oull"es, src.sons amt assigns. If any Ixo"l io r or pan of my pro, ion of this Note and Setnniy Agreement Moll for any reams be held
invalid, illegal or uuenforccaLle in any respect, sucb invalidity, illegality, .r nnenf renlilily shall no aRcd ally ulber provisions of Isis Note mW Security Agreenenl, mid
this Nae and Sean 'it, Agrce,rent stroll be em,b,ned as Tsuch invalid, illegal in unenforceable pro iin or all Ibcreof bad never been eontrined Lentil, but linty Io We
exient arils invainlity, itlegahtyo unentRoceabiby,
13. MAXIMUM BATE OF INTEREST', COMMERCIAL LOAN. N.millelandln, any prmisio of it... Nae and Security A,eenkc.l to the contrary, Bonower shall
not be obli gated to pay interest hereunder in ex-as.fthe mexirmm roc of Pries,. pen Ntted by tive I. of any stale deternved to boo. this Nine aid Smnity Agreement
el the lams of the United Stales applicable a loans ill met eta,, If any provision of this Noe and S unity Agreement wall ever be construed t. Per, irc the payment of any
annum rl' interest in excess of that penniued by applicable law, Iben tae ineresl in be paid Lereu tiler shall be held subjen t. ndndi.n 1. the amount allowed under
applicable lase, and anY suns paid in exec oCnm imenesr ran, allowed by lasv dull be appliul in reek ti.u of are principal Faluwe oummnd'mg under this Dole and Security
Agreement. B...over Plar., edges Ilia it rocs been comamplated at all times by Bonower tall ere I cos of dm Connnomvcath of Peonrylvania will groom it. maatnrom
ram of inleresl IIn I it is perm.. a for the holds of this Nole and Security Agreement to charge Boar w under tills Note and Security A,eemcnt. Bo nover+vanan,s act[
Wis TINc nod Security A,eenmut evidences a loan made solely t. acquire an inluest in no eaury.I, a b ultv.,.r comervelcial ede mi,x.
14. CHOICE OF LAW; CONSENT OF VENUE AND J(,tISDIM ION. This Nwe and Security Reorient shall be g.verne 1, connrned and interpreted in accordance
"(1h tit. laws of the Conuuomveatth of rem "t"ie eves if lbc Pen", '_ia ales g.vening coNlic of laves world otherwise ""I's. Ibd tire laws of snot]. puis9dias
govem Wis Note and Sacority Agreement Brrosver ernsents m ilhob sdwono and venue oftbe sou of any county or cily in lire Connnunweallh of rennsylvaaia or to the
jurisJimon and venue of lie United Slates DoInd Clint for the kdlddle Distract of Pemsylvmis in an action orjrdmial proceeding brought a eiftior, , li,romm or interpret
sole Na. and Security AV.., Any rOW. brongln by 13wrmver against Bnnk which Is breed.
Agreement w may reel W related to this Note and Securily Agreement ehAt he brm,gla only in Ibe e.
in whole or in part, upon this Nom and Securily
allh ofpe raylv.nia.
15. IMCONUI'CIONAL OBLIGATIONS. Bonmveis obligations under this Note mN Security 11ppgreemem shat be the nW.Into end uncondiiion:d dot, end obligation of
Bwrm.er an I shell be independnd of..y riglas of Wlff,, ree-npment or connmrclnim which Bo wer migln onmrwile have agei,m the bolder of die Note and Security
Agreement and Borrower shall aly absolutely the Paptanis of principal, interest, charges, fees and expenses required hereundn, free of any Jedimtim. and IMIum l
ahetemed, di...m,(lon or set-rM
16. ADDRESSES. Set Potrlt bel-rr me the addresses of:
Address or Chief Esecaaive OBice
Addraa of Lmcntion of Book, and R.odL
Relmiugto Collerarnl
Other Address(es) of Location(s) of Coll nlernl
(if mty)
IT WAIVER OF JURY TRIAL. Dortoner (by e,tenUUn of lid,; Note and 5enmiy greemenl) a. Dank (by lte"lasce of 01e Note and Security
Agreement) agree it t any nit, -.lion or proceeding, whether dotal or eomrlerdalun br-o ht or ,I ,aeJ by Dorrower or Bank or .111, rtapeef to Ilds Note
.red Sewu ity Agreement nr which in any way relates, directly or Indirectly, to the oW gl don of Burrower a Bank under Ibb Note :n and Secutlry Agreen alt -r
tl:e dealings of the pnHies nnh respect (trace(-, shall be tried only by a ..serf and not by a ry. DORROIVCR AND DANK HEREBY EXPRESSLY WAIVE
ANY RIGHT TO A TRIAL BY JURY IN ANY SUCII SUIT, AMON, OR PROCEEDING. mrmwer and Bankncknowdedge end agree that lid. provision laa
,,in,, and materiel .spec, of the ep 1, nenl bebveen the parties mad 11W Bank would 11-1 a ter into the Ilmuaclion aid. Darlene, If Ilda Plmdsl.....re'n-I a
Pori of find, ngreeu rat.
IN W[ I NESS W II LREOE, nn I intending to be legally Iwund hereby, (he uodera,a.d .seem. Wis
.wines above.
WITNESS:
ay L 4wf u )
(siealare)
Sanmel
nnr(?o r?(,a,nnn 9e Jica
(Prise( l c) (PrintN
end Secuaity Agreement w.der seal, es Dorre.vu, as ordle date ft.
and Trading as Calmnnn's Lawn
Address: 1456 Momn Ruck Road
NewvDle, Pearnyhania 17241
Telephone ]Yunaber. (712) 726-2326
Social Security No: 12-3547713
EXHIBIT llc?
p 31 000.00
c?_,.Ml
FOIL VALUE It LCEIVED, the undersigned (''Borrower'") frmmises to Palle the order of AII@st it n ,ad did,-olmr4red connnertinl built, ("Bank"), al Bank',
er placeathe bolder Ihix Note nary from Tina )rime desigmle, the principal .,is arkbiro:re
ollicnant 1123 N. George Slreet Vail,Ponnaylenn6, 174U4, oralsucholb sun
'I'6om:nul and 0011 OR Dollars ($31,000.0(1) (Ibe"Masinmm Line of Credit Anounl"), or loch oth? .nm.rd era any be advanced front lime le lime to Beiruncq together with
interest Ontario at nhnnJo or rales hereafter specified and any and all other stuns sr6ids map be osvin to Bask by Harrower pursumrt to this Note. The followinglemv shall nM],
to this Note
L LINE OF CRED1'1'. Suhject toIbe continued compliance.1-Borro...r with the moos ofthi Note and all other nceo,panying loan documents mul the continued islurn s
of nay default by Be"owe, or cop, Other Obligor (as herein filler darn ad) buenndcr and fl- laid., nook may edvaee to Borrower, for use by Ba saver sis hereafter provided.
mob sums as Bon owe, may request, bill which shNi net waned in We aWas,me m any.nc Inn c on standing (lie above-stated Milano.... Line of Credit Amon L Borrower, shall
not request any uJvance of proceeds hereunder n4neln exceeds the Milan r.m: Line of Credit An onat or ouch would cause the aggegole anmunt of advances trade aa,
mnamoding as...le, I. exceed Ibe Mrimi nor Line of Credit Amount. Even if Ihe aggc,efa annu I of advnncea made and outmnchn, hereunder shall al any limn and f r nor
reason sceeJ Ihe M..lntans Line or Credit A ao it, Borrmver ,holi nevertheless be liable fm i , entire man n al outstanding with interest thereon, and Brunner shill he
reaponeihic fir ob,c, ron. of, p ,liana ace oLmd compliance with all oftbc corms, covenant and p v a ns of Ibis Note and olio, loan documents. Wilhiu such limitti.ns nerd
s.h)cct in all of the loon and renditions cal Wt, herein and in Ihe other acconnpanying Imin 'n eats. Borrower mny borrow, repay and rclaurn r fords Inter n l., i.
accordance said, the tents and erudition of Ibis Note .,ad the ether loss, dodmnot. Bank shill) stake all advuuces by depositing fimds in Bon'maer., conurercini duckinp
,account number P or such Bonk current. nay be agreed uponWy Borrower and Had. Dorreiver hull use tine proceeds advanced under finis Note lady for in working capital
,,cads.
2. INTEREST. From the dote Ism.f until all anus due here do, including principal, intereal changes, fees and.,,Mo. arc paid in full, We principal omonul outstanding
Lam lime m time puria n ll to this N.J. shall ban, intent nt a footnoting .to equod m 0 % par mm m above ilia Trim. Rate" (as hereafter defined) as it ... y very front time it
lime. Ibe "Plane Ran" leans the Ini,1 of prime role (Ihe base one Fissional on corporate loons at d by ill lost 75% fit. maliada 30 largest bads), as fr.endy, pobliabed hp
The Willi Sued Journal (Enstam Libidos]) tilde, the beading or cohnnn entitled *'Money Rm." or i e )inure substitute heading, colnnm or mblending published by The Wall
Street Journal. Changes in [lie interest .to shalt be made when and ns changes in the Prince Rate occal If The Wall Street Journal count to publish he Prime Role, Until Ihe Prime
Rate moil recently ralukl at will continue to be tire Prinse Rate until Bad selects and notifies D er oft nciv Prime Rate . Bank swill select the nosy Prime Rate in it, art,
discretion and iu conryliance with all applicable Imes.
3, REPAYMEN F. Borre.cr shot sake payments of principal and interest her accordance will We Winning tons: (o) Principal: ALL SUMS OUTSTANDING UNDER
THIS NOTE ARE IMMEDIATELY DUE IN FULL UPON THE FIRST'rO OCCUR OF: (i) T IE DEMAND OF THE HOLDER OF THIS NOTE, WHICH DEMAND
MAY BE MADE A'I' ANY TIME AND FOR ANY REASON, IN THE SOLE AND ABSO sFE DISCRETION OF 111E HOLDER OF TIIIS NOTE: OR (i) DIF
OCCURRENCE OF ANY DEFAULT UNDER THE TERMS OF THIS NOTE. (b) Interest: Burr suer shall make payrnols fall accrued and unpaid intmol on the 2516 day
of Inch suceessive sounds, begimningun May 25,2UUl, and conlinuingnntil all stuns oeLSmndi.,] end. are paid in full.
Bermwer toy prop., Isis Note in whole or in p.I at any fine or from lance Io lime wiWanl frnnim n m additional intern. Ary prcpnynnenl of We principal bnlana of Hnia Noe.-
shall be applied m the outstanding principal batmme of Wis Note in We inverse order ufscheduled a itio. All paymots sonde parmoul m Wis Note shall be applied Bell 1,
used and unpaid intern, risen to unpaid carrousel and al ago payable It.eonder, and O,en to psi cipal, or in such other order or proportion as the bolder, in tae holder 'a solo
di actin., may sled Lom time Io titre
4. LAI E PAYMENT CHARGE. fully pnymenl due her.mder (including any paynsenl ins hole or in pat U principal) is not ,..wad by the lmlder within Stool (15
.Inds, days older ile due date, Borrower shall pay a Int. payment charge.pol to five percent (5%) f the announl Use. it...
5. SECURITY. 5u et due under this Note ore secured by, and Borrmv. gook to Bank a as irity internal in, all deposits and perfectly of Bmanner now or at any time
Leaf er in the fosses ims of or ter Jqusil wits Bmtk svsefher as .slodim, err depository or in any they caPeciry, in additiorq Wis Nose is served by any propedy denaiaed ns
,,id, aumt in any a, tiangmmbilol, mongaar I. deed Bank of Wit pledge tateeurnnle amlimore other of Bank. anod. pr viommsis a nneousl with this .r Note, te, and r. a1l1 l um renewainmlsby, Borrower refinancings, , co,anumn,
subslinniti n b.ns, ligmion en sot l and timidity of modifications s ni thereof, such oanyldeer r security document its o Note a e .i roaen mear Fill,
m,hs . endm,nt n. ' finir y means any by reference, ae iffully set frah herein, , .11 F all ofior
language ..,it dared, .f0seaecarity dea nnantdescribed or iobove.Aaxed in fins Note, (betels" Ibe, Obl atli operson or mlinyolder than Borrowenb#isnosy or
of lists c c means
gnnlW any dim or s.nrity interest to or for the boefil of&ilk
error laude, e, Ili cod,, iana area to, any ewith wryof Ibe OhGgrlion that
1. s
1. seccure re may of Ili, , Obb Oblignfinns, including. m gtisseIndiana nut limited tut any Elemental, surety,.NOneg or co-,, raleeker of any of die Obligations.
6. CONFESSION OF JUDGMENT. Dorrm.or irrevocably and nncondfsionlly all..,
or record in tire Bissell Slates In appear ter behalf of Barrow,, in any court In in or mare
.mea[, and to uppem ter', corms.nd enR, pWgncut against D...... er at :illy nose .,an
defmdt, ni0, or Mt6.ul c. n,i:Wd filed, and xitlronl perm' order W.r apperlnuity or Darn
Agrees, cut le the full anmn.a of tie I Wateriness cyfdnaed by this Not, and Security Agree,
..it ,ap.nacs) plats Call" ,.ale, like, all.,,.,,' Ices equal In ftftemt percent If 5%).r 11,......
aV become due here muler, oil la release of all crows mid "Uhmot right of nppenl. In ad,
Umroner np.n nda Note and Security Agreement, untroner agrees Hart Vann unit purls
Connnanoralth of Pnm,ylvanis m' Jr. lire United Stairs Ulatrics Co.", for Ilse Middle Dish ict
ardinr.ac, m' nd, .r amni, xhoh.'..n in form of bcrenner .,acted, oldelnn.. be Lfut],
I ..nessend rights, appenisenmnl, slay of Aladdin,, or suppknnenlnry In receding, or other is
Jelled
locnled bnneed, I`ennm imgs Fononia n j is nd hie the e rest hs t Tstheeznidence of any ]to ]to rrmn er.) l n) Itici anImv,lbortly soany and Par
'he and pw
,zbnusted by' mw ur more ezerdet t6,reuL or by any bnperfcrt .mdse thereof, nnA .boll
.ntbnrit, soul poxm mm be ea.'rised nn one or more occasions front time to thee, In the stn
r advisable. BORROWER HEREBY ACKNOWLEDGES THAT 'rllE CONFESSION
AFFECT AND WAIVE CERTAIN LEGAL ruGHTs OF BORROWER HAVE IIEEN
BORROWER
tea and empowers any .throe, aJndned to practice before oily coal:
enlbngs, or before any clerk thereof or prothonotary, or other court
nd after Use occurrence of aq defmdt hereunder, nilb ov.asent of
er for prior bearing, 1. favor of (Le holder of this Note and SecmLry
ant (Including principal, accrued interest and silly and all charges, fen
d halnnce of prvnlpol, b lanc.1, elairgt, mil labor soma due or nhad.
limn In all other courts in uldels jndgnrurt story be confessed ngot:nr
lesion shall be ,,npsd, In We eouris of any msinl, or city of tar
,f Pe.osayh'adn. 11....ox'er wnhvr Ibe Lene01 .f:nry mil n'ay afro,.
valved conferring upmt lno order any dgM or In-Ferege of excionion.
Ief ftnn. Ibe aAorcrnsent or Innnndi.t, enfnfeenrgnt oft judgnsenl or
obtained by confnaimn.hall not constitute a )tell ou way real property
r to appear for and enter judgment agabwi Borrmver slmll net br
'.m1 be erttuguthed by any jail gm.nt entered pnti nil Hamel.; earl,
or different luilldictions, no often in the holder shall deen, ne.omrs
OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICH
LEAD, UNDERSTOOD AND VOLUNTARILY AGREED TO Bl'
REPRESENTATIONS AND W ARRANTIES. Borroner (.and ifirame than one Borrower,+or Borrower) represents and warrants to Hotd that the following statement
ann. cooed ,,it co'... late as of his date Iran.. , it is III, organized and in good aiamding
authority la anoun, Adivenmd pefora this Note; (c) neither such execmi.n, delivery and perforr
xult in a breach or vmblion.fits organizational documents, or anyjndghnent, order, regut limn, m
petty or to which any of its asset, and properties me subject; (d) Brix Note containers its legal, Valid
Irritation or "roc rating failing or, la the ksmwledge arms nepreaenlafive signing Wle Note rah its b
if, nosiness, financial condition or onfolimrs or its ability m pc rmor and comply with this Note; (1
bern:nder lave hair and will be prepared in namiltune wirb generally accepted accounting price
exalts of its opcnoms , for tire period covered thereby; (g) it is not in violation of any .,dicabls
iy.d any orrice an, ix We mbjed of any inaaligdimh to the elfd that its operations are not in
including, will maI limitation, applicable nwinnmmmal, health and safely Imes and regulations; (it)
sharing savings, stock bonus or w6er deferred compenaatimr plan ("Plmi) maintained by if m any
tin Grgdoyee Retirement Incur Savrity Act of 1974 ('ERISA") bas been nominated, no lino
("PBGC"), and oo "reportable clear" (a, such ran,, is defined in ERISA) has oamrol will resort
deficiency' within tire ,nearing of ERISA or any liability Ira Ile PBGC in wuoectiah with any P
furnished by Bonmver or any mla persol to Batik in emanation wiil tire Obiigntioas, this Note er
to stale a nnamnal fact ,, in, fact aecexwiry to nwke Ibe stabmmns contained herein or therein ,at a
R. DEPAULI'. Any of ll:c following will be a defnull under this Note: (if)failnre to pny any prin
obligations hcrennda; (b) n daboll by any Borrower open any of the existing or future obligato is
xiding or. rnmrc iblialimns of any Olhcr Obligor to Back; (d) . defnull Iw any Borrower nude
nsmanwl or Me treat is wnnedi'. with any of the Obligalionu, or any other agreement, instant
any air If ant l Tale Of Bank, whether previously, sinmdmoemrsly, or Intender entered into; (a):
Obligor liar ttat expressed in 11¢ Bn,+nreal statement most at subnhiued to Bank prior to On
instito iun nfbankoptry, insolvency; remgnnimtion or receivership praeedings by or against any 1
R receiver, assignee. Canadian, trustee or aiinif, oMoi.1 under to, federal or slam bracket, or
failure of any 13araeer or Other Obligor to famish ho Bank sacb collateral or addition.] collat
settlement to Bank by or on behalf of any Borrower or Other Obligor proving to have bean incom
vnd which is. or woo Id In with the passage of trine or the giving of notice or both, a default aide.
Link; (k) any vaiterial loss, thell or substantial damage, not fdly insured for the benefit of Bank, I
cincandoa or offer dlyesition of n]l or any ndted.l part of the assets oLvry Borrower or Other
Obl Igor, (1) Ile entry or toy final judg,nal against any Borrower or Other Obligor for We payme
ante of any lionawcr or Other 001 ivr; (n) [lie recordation of any federal, slam or local fax Iran ag
neger, ams.Ifimimu, lignidmian or omganizaion ofany Bonower or Other Obligor which is a,
Other Obligor )I. is . moral po i((I)Eitors ofany Bonower or Other Obligor to famish toB
dentrainahimh it, good faith by Bsnk, in it, sole direction, that Ibe ability ofany Burrower or Oi
imported far any reason.
9. REMEDIES.
9.1 Specific Rights and Remedies. Upon a default, in addition to ill offer rights and remedies avail,
Borrower and Bank or under applicable low, fire bolder of this Nom, in the holders Rule discretion is
unpaid bnlarce due under Ihia Note by too percent (2%) o reent., points above the rate of infers
aelernte the unpaid principal balance as a result of such default; and (b) declare the entire amp
Immediately hire nod payable; Bonmver agrees Ihal it default under this Note is a defaul by Burrow
the holder abbll have Ibe right to declare nationhood, due and payable all of suck older liabilities an,
'der the law, be slate in which it is c rground; (1,) it Iris fill power .,,it
ice, nor compliance by it with the provisions of this Note will conflict with or
ling or law 1. which it is subject or any contract or agreement in which it is +
.,it binding Ottigstimi nmfmceable in inanition. with its ten,; (e) there is nn
,.If, threatened against or rRedin, it which might mmenelly adversely .Wd
all fin.+ncial stateroom, and be .....ion rumisbed an to be famished to Bank
pies and fairly present its financial rani ihimr m of tire dines thereof nod the
iedeol, slate or local It,,,, .metre, rate, regulation or ordinance and has not
untearol cionflialles with any amh Irv, trillion, title, regulation or mJim n,
ce Seplanber 2, 1974, no pension, employee tendit rmllti.dnptoyer, profit
nde or bmsinees group with which it is affiliated subject to the re,traeneot, of
art against Borrower is favor of the Portion Benefit Garrity Crain inn
to any such Plan, and Borrower has riot incurred any "vcconndded finding
n; and (i) .a infomhation, exhibit, report, stannneat, certificate or docaurnal
We negol dlon thereof, contains any namrial missmammnt of fad or oi.iued
ml, expense, fee, charge or interest when this, or fvilnre to perform any ollml
rally Bonmver to Bank; (c) a default by ary Other Obligor ulnae nay of Iha
of breach of lap, provision or wans nty of, this Nut, ally other, agreenne,d.
it, or docamenl between any Borrower or other Other Obligor and Bank, at
arterial adverse clurn, in the financial condition of any Borrower or Olin.
le of this Note, its don, "ined in good fill, by Bonk is its sole Jisdetimh; (0
or 01 her Obligor in any snare or federal comrl; (g) the nlryroineneml of
nower cdirom'riglas by, for say pr,ryrnty of any Bonower or Odor Obligor, (hj
I as Bank nay in goad Pith requae, (it any wnrranty, mpre4entntima, m
any naferinl noted when made or famished; (j) fire necromantic of any
my indebtedness of mpy Bonower or Other Obligor to any person atber limn
.it, of 11w assets of.a any Bonower or Other Obligor, or the transfer, lase d,
?ligor other Wan in the ordinary course of business of Ibc Borrower or Other
of money in excess of $5,000.00; (m) the Ivry upon or ottaclunaa Lam
ail any Bonower m Other Obligor; (o) a change of avnersbtp or disnolution_
pootimh, prol ldp or other legal entity; (p) hhc dealt, of tiny Borrower at
k such fmacial oribaoton as Band, any require Iron, lime to litre; (r) II„
:r Obligor to pay or forfann airy of Weir respective obligations to Brady ni
bolder of this Note under any other dowmant or a®cemern between
notice or demand, may: (a) alser the mm of interest Recruit, an Wes
applicabl, indepro dna of whelber We border of this Note elects In
:al balance plus accrued interest and all other sums due heremhder
II older liabilities and obligations of Borrower to the holder, and tail
9.2 Costs of Cellcdion. Upon the oaurence of any defnull, Bak shall be solideJ to recover fir n Borrower actionably allmo,s• lees of any attorney who I. nor a snared
nnptoycc of the hold., of Ihia Note (m tiro extent not prohibied by I...L plus court casts aced .11, expewn which may be incurred by Bad, in We enforcement car arpro l
cdorcco na of its riglds hereunder, whether against any Yard party, Borrower, or wry Other Obligg74j?c Expenses recoverable from Borrower shall (m ire exmrd not prohibited b?
law) incfade mats of colledima, including lien. jud®nent, and other record searches, alaries, oubof-?oCor travel, living exi,enses and the hiring regards, consult ants, lip,mise,s.
ountnnls, m mherwke. All s its ofmo.oy thus expended, ..,it .11 otmr monies expended by Beni{P to protect its interest in Raw collateral (including bourane, faxes or repaim;
steal I be repayable by Borrower to Bank on demand, sudm repayment to be secure) es provided in par graph 5 hereof.
10. RIGII"f Or BANK 10 ACT WITH RESPECT TO OTHER OBLIGORS AND ANY" COL
mad all fen, slid agrla n ants between Bank and nay Other Obligor, and all amendments and nR dif
rvriting Bank may, wifl o.1 campronuish, impairo, diminisr or in any may releasing
appmad or Bonmver, aLmry time ar from time to time bay waive or swose any default by any Of.
nether with respect m sacb default; (b) grant extensions off ire for payment or performance by ar
of any Olbcr Obligor, or waive, release, or subordinate, in wbule or in pan, any lien or aemvity
'error nonce, in ..bole or in pan, of We obligations of ary Other Obligor; (d) rotor any Dine Oblit
Oliver Obligor to Dealt. in any order or annular, or to tiny specific accoanl or accounts, so Bank may
agrcement wilt, ary Other Obligor, or any doooated, nominated, or writing, ennbodying , or ra0ectlr
to floor Note .r will, respect to any of Ibc obligations of any Other Obligor to Bid} including bill rim
Banks ndlon, in reliance hereon; (it) the present existence or fume tattooing of any of me ribli,
change If creln{ (iii) any detain by any Other Obligor; and (iv) time obtaining or referee of any gun,
obligations of nay Other Obligor tc Bank; (b) romentunad .,,it demand for crym Ia of say air,,, I
pcrfamo nee of ary Other Obligor.
ATERAL, WAIVERS BY BORROWER. Bonower, hereby assent, to sn
lions thereof, whether presently existing or heouffir lode and whelber mil
avower from the Obligations and without notifying in Obtaining the prin,
r Obligor, or delay in the exercise by Bank of ary or all of Bank's rights or
Other Obligor, (c) reless subslimte, exchange, ender, or add collaeral
real held by Bank an or, or or p..,at property severing elymem or
r (e) apply al,nmmp made by any Other Obligor, many soars owed ,am
ad; and (I) rowdily, change, renew, extend, or anent, in any respect, Bank'.
Ibe same. Borrowervorroo: (a) any and all ratio., wfatseswer with rasped
ailed to notice of, (i) Bids rcceptance hereof or Bail,'s intention to rot al
.is of say Other Obligor m Bar* or any teens or zno o as thereof or oa.
ty or society .,rennet(, pled,, aani,nment or other xewrily for any of taw
c from wry Other Obligor and prated of nonpay+nord, slid (c) demand for
11. WAIVERS; EXTENSIONS OF MATUR)l Y. Borrower, slid all parties fo Wis Not, whb!?War etcher endorser, or gmranar, waive factionnent, demand, notice of
disbonar and pretest, and agree llmt the maturity of Wis Near, or any paymasl duc hereunder, any emended al any lime or for time to than wN,om releasing, discharging or
aff ling the liability ofnuch party.
12. JOIN "T AND SEVERAL LIABILITY. Irritate Wan one person or wfity is anemia, this Na a az e Borrower, all liabilities under Wis No,, shall be joust and several with
respect to each ors said, perm's or entities.
13. BINDING NATURE; INVALIDITY OF ANY PART. This Note shall none to We benefit o.
normal to whorl Book may .,it nor interest in Barowers obligation, to Bank, .,it shall be bindis
succnsao and assigns. If any provision m part rally provision of this Note shall far any reason be
and be erdcecable by Bank and Bank's successors and nssigns and any olbn
and enforceable rgvinat Berrower .,,it Borrower's personal repreeentalivas.
eld invalid, illegal at unnd'oraable in any respect, such invalidity, illc,rr
renforceobil it, ehal l let,tied aiy other provi, if this Note, and Ibis Note almll be eorrstn:c as ifsudr ice dirgnl or anetdorceable provisos: or part thereofhad.eve:
mecn mntailled herein, Ma only W the eaten) fit, invalidity, iIIelIit, or unatforeeabiIill.
14, hJ A,CI NI ON[ RATE OF INTEREST; COMMERCIAL LOAN. Nolwitbslanding any prolix; , of Ibis Note to the contrary, Blirove, Mill not be obligated to pay interest
hereunder it s of the nnxinans rate of interest penniued by the laws or cep- state demmunN l Sovenr fit,, Note or the laws of die United Slnles applicable to loanx in such
slate. If any provision or this Note shall ever be ennstmed to require the pnvinent orally amount or it Greet in excess of that pennitled by applicable law, dsnr the inteen to be paid
Ill seunder ,shall lie held subject I. redndion to the nmomn allmad under applicable Iav, and an scan. paid in excess of Ibe i ileresl rote allowed by Inw shall be applied ill
redaction trills principal balance outamnding under l his Now, Borrower acknowledges that it lns en contemplated at all limes by Borrower Ilia( the laws critic Convnonweallh
of Pennsylvania will govern Ibe nnxi a it rote of interest (had it is pemsis,ibla for the hoWa ofthi Note to large l...er under this Note, Bo:.over warmers dint this Nola
evidences a loan made solely to nequlre, an interest in or carry oil a business or cannrercial entntnis .
15. CUOICI'. OF LAW; CONSENT' OIr VENUE: AND JURISDICTION. I bis Nate savll governed, construed rand interpreted it recadene, with Ne laws of It,
nnweldl. If Pennsylvania evar if the pennsylvmria odes govern ing conflicts of Imes wood .110, "isc require dial the Inws of another jurisdiction govsm This Note.
Co mm
Borrower consents (o tae jtrisdiclidu and venue of the rourls orally county or city in Ile C.,11.0l{1-`wealth of Paa,sylvanl i or to lhejurisdidlon and venture of tire United Slate:
Distnd Coup Far the Middle Dislrid of Pen colvnnia in any radio r oIjalli.o l proceeding brongha to rabsee, road., or interpret this Note. Any orbto )nought by Borawei
agninrl Bank which is based, directly or indirectly, or in whole or in pmt, upon tail Note or Ida.. note, related to this Nola simll be brought only in dw scalds of tae
Couanonweald: of Pennsylvania.
16. UNCONDITIONAL OOLIGA'I IONS. Borrowers obligmions :coder this New Wind be th nbsolnre and unconditional duty mad oblismion of Bnrronar ...it hall ba
independent of any rlglds of set-off, fecagr:nenl or roomer fidni which Borrower aright eherwise have .,.last Ibe hold, of Wis Note said eorto er wall pay absolutely the
tinyecnls If,. ineyal, interest, charges, fees and expenses required hereunder, Gee orally deductions and willow idima lent diu:inulio, or set-off.
17. IN AIVM OF .l URN' TRIAL. Ihnrmver (11 ear,ali n of this Note) and Rnak (by vin ept.nre of fhb Note) nl lint copy and, a'Iion or proceadinp wLella,
cWior or.amale, dninr, brought or bm(ihned by Itorro(ver or B n k orwill resperl to this Nall err nhidr In nay nay orkan, dtreudly or anllreeiy, to Ibe. olrngadona tt
norfoner to 11 1...ndet, this Noll, nr tiw diatim x of the part;" with respect Ilnrelo, stall re tried mdy by n mart mad nail I., a puy. BURROWER AND DANE
11 ERITO FIXFRE.SSIA'WAIVE ANY HIGH I 1'0 ATRIAL BY,1 U 11V IN AN\' SUCH SUI AMON, Oil PROCEEDING. Bar rower: d and
to dint Ihia'ands(.., ...... ine a:d .,at,, dal aspect of the ."anion, bebveea Ow part a and tlmt Bank would not enter into lire Imnanriion with Bomonr If
this provision were not a purl oflbeir as....... 11
IN W'1'INESS WHEREOF. said intending to be legally Wund hereb, the underni,ard execoles Nis Dote node, card, as Borrower, o ofths dote first ,, illen above.
Wrl'NESS OR A'FITST:
WITNESS:
^???1fI?iNO,?P(i ?(1(z,N
(sig,rnWre>
r Samuel A. alaman, Individually, and Trading as Calaman's Lawn
??AYIIP, rCQwml Service;eP nnsylsaniaSoleProprietorship
(Prins lPa te) " (Prud Nance
456 Mount Rock Road
Newville, PennaylvaN.17241
lombe, (917) 796-2326
ity No 17-3547713
EXHIBIT "D"
THIS FORBEARANCE AND MODIFICATION AGREEMENT (the "Agreement") is
made and entered into this day of , 2002, by and among, Samuel
A. Calaman, individually and t/a Calaman's awn rvice ("Borrower") and Juanita E.
Calaman ("Guarantor"), both Borrower and Guarantor of 46 Mount Rock Road, Newville,
Pennsylvania 17241 and Allfirst Bank ("Bank").
WITNESSETH THAT:
WHEREAS, Bank has made the following loans to B
a. Loan Number 0137286-9001 - f Vf( i
i Original principal due to
($25,000.00) as is evidenced by the Borrower's Co
Agreement (the "Commercial Note #I") granted to
ii Outstanding debt due -
Principal -
Interest to 7/5/02 -
Total -
Together with interest which continues to accrue at the
with charges, fees and expenses, plus court costs and r(
iii Terms - As set forth in the
tjl. 0 19fa
Twenty-Five Thousand Dollars
,ial Promissory Note and Security
and dated May 23, 2001.
$ 21,531.18
750.50
$ 22,281.68
rate ($4.77 per diem), together
attorney's fees.
Note 91.
iv Collateral - Security interest inland upon all of the Borrower's
personal property, including machinery, equipment and i ventory.
This loan shall hereinafter be referred to as the "Commercial Loan #l ".
b. Loan Number 0137286-9002
i Original principal due to Ban
Dollars ($11,200.00) as is evidenced by the Borrower's
Security Agreement (the "Commercial Note #2") grant(
ii Outstanding debt due -
Principal -
Interest to 7/5/02 -
Late Fees -
Total -
Together with interest which continues to accrue at the
with charges, fees and expenses, plus court costs and r(
iii Terms - As set forth in the
2001.
Eleven Thousand Two Hundred
:ommercial Promissory Note and
to Bank and dated May 1, 2001.
$ 9,941.77
329.97
11.37
$10,283.11
rate ($2.19 per diem), together
attorney's fees.
Note #2 dated May 1,
iv Collateral -Security interest i and upon 1995 Ford F-350, VIN:
1 FDKF37HSNA82098.
This loan shall hereinafter be referred to as the
c. Loan Number 0137286-0001
C05
i Original principal due to
($31,000.00) as is evidenced by the Borrower's Bu
"Business Note") granted to Bank and dated May 1
ii Outstanding debt due -
Principal -
Interest to 7115/02 -
Total -
Together with interest which continues to accrue at the
with charges, fees and expenses, plus court costs and r(
iii Terms - As set forth in the
Loan #2".
- Thirty-One Thousand Dollars
Home Equity Line agreement (the
1.
$ 31,000.00
531.73
$ 31,531.73
act rate ($4.09 per diem), together
able attorney's fees.
Note dated May 1, 2001.
iv Collateral - Open-end Mortga e securing a second position on
Mount Rock Road, Newville, Pennsylvania ,he "M rtgaged Premises") dated May 1,
2
2001 and recorded on May 22, 2001 in the Office of
County at Book 1708, Page 311 (the "Mortgage").
This loan shall hereinafter be referred to as the "Business
The sums set forth above and due and owing on the
Loan #2 and Business Loan shall hereinafter be referred to
WHEREAS, one or more events of default have oc(
under the Commercial Loan 91, Commercial Loan #2 and
collectively the "Loans") for the following reasons:
a. The Borrower has failed to meet his
of principal and interest when due on the Commercial L
all subsequent installments, which failures are events of
Security Agreements and Mortgage.
b. Bank has made demands upon the
Loans, which demand has not been met.
WHEREAS, because one or more such events of
the terms of the Loans; declared the indebtedness evide
accrued, but unpaid interest, to be immediately due and
WHEREAS, as a consequence of the defaults of the
judgments were entered against the Borrower:
Recorder of Deeds of Cumberland
Loan 91, Commercial
the "Indebtedness".
and are continuing to occur
ess Loan (hereinafter
itions to pay monthly installments
41 and #2.in February 2002 and
rlt under each of the Loans, the
for payment in full of the
At, Bank has properly, pursuant to
by each, including principal and
the following confessed
a. A111irst bank v. Samuel A. Calaman lnd viduall and t/a Calaman's Lawn
Service, in the Court of Common Pleas of Cumberland County, Pennsylvania to number 02-
1630 Civil Term; pursuant to a Complaint for Confession o Judgment filed April 3, 2002 as
authorized by the warrant of attorney set forth in the Commercial Loan #l. Judgment entered
in favor of Bank and against Borrower in the amount of Ele en Thousand Five Hundred Sixty-
Eight Dollars and Twenty-Seven Cents ($11,568.27), together with interest which continues to
accrue at the contract rate ($2.19 per diem), together with al charges, fees and expenses plus
court costs and reasonable attorney's fees as allowed by the arrant of attorney for confession
of judgment.
b. Allfirst Bank v. Samuel A. Calaman. Ii
Service, in the Court of Common Pleas of Cumberland C,
1633 Civil Term; pursuant to a Complaint for Confession
authorized by the warrant of attorney set forth in the Com
in favor of Bank and against Borrower in the amount of T
Twenty-Two Dollars and Forty-Two Cents ($25,222.42),
continues to accrue at the contract rate ($4.77 per diem), t
ty, Pennsylvania to number 02-
Judgment filed April 3, 2002 as
rcial Loan #2. Judgment entered
my-Five Thousand Two Hundred
ether with interest which
ether with all charges, fees and
expenses plus court costs and reasonable attorney's fees as
for confession of judgment.
Hereinafter individually and collectively referred to as the
WHEREAS, on or about April 18, 2002, Plaintiff f
on the Confessed Judgment entered to No. 02-1633 Civil
by the warrant of attorney
Judgments"
a Praecipe for Writ of Execution
, WHEREAS, on or about April 29, 2002, Defendant led separate Petitions to strike off
or open the Confessed Judgments, a Rule to Show Cause h s been issued upon the same and
Plaintiff has filed responses thereto. - flled separate Petitions to strike off
WHEREAS, the Borrower and Guarantor have requested that Bank forbear for a period
of time from the exercise of its rights and remedies availabl at law or equity by agreement or
otherwise as a result of the events of default and to grant a odification in the terms of
repayment of the Loans.
WHEREAS, upon the terms and conditions contain herein, Bank is prepared, for a
limited period of time, to forbear from the exercise of such ghts and remedies and to modify
the repayment terms of the Loans.
WHEREAS, forbearance and modification by Bank a provided for in this Agreement
shall result in direct and tangible benefit to the Borrower an Guarantor.
NOW, THEREFORE, in consideration of the foreg ing premises and the agreements
and undertakings contained herein and for other good and v luable consideration, the receipt
and sufficiency of which are hereby acknowledged, the part es hereto, intending to be legally
bound hereby, agree as follows:
1. Guaranty by Guarantor - The Guarantor does he by guarantee to the Bank, its
successors and assigns, and promises to make the prompt a d punctual payment of the
Indebtedness when due, whether by acceleration or otherwi e, and hereby consents to all of the
terms and conditions of the Notes and Loan Documents ref rred to above. The Guarantor does
agree that Bank shall be under no obligation to pursue Bank's rights against the Borrower or
any collateral of Borrower securing the Loans or various ob igations of Borrower to Bank or
against any other obligor or any collateral or any other obli or before pursing Bank's rights
against the Guarantor.
2. Acknowledgment by Borrower and Guarantor -
acknowledge, represent and warrant:
a. Acknowledgment of Recitals - The
correct in all respects and are incorporated herein as
and Guarantor agree,
in this Agreement are true and
provisions of this Agreement.
4
Acknowledgment of Default - That on
and Guarantor do acknowledge that material events of deft
under the Notes and Loans without timely cure and that ea
indebted to Bank with respect to the Indebtedness, includir
interest and related costs and fees in the amounts set forth
amounts remain outstanding and unpaid and are absolutely
payable in full without offset, deduction or counterclaim o:
c. Acknowledgment of Bank's Rights to P
the date hereof Bank had and has the right to accelerate an
Loans to be immediately due and payable and to make den
Guarantor for payment in full of all such Indebtedness and
for immediate payment of the Loans have been made and 1
and Guarantor, and each was in all respects adequate and I
demands for immediate payment continues in full force an
diminished, except as, and only to the extent modified by t
Guarantor waive any and all further notice, presentment, n
respect to the Indebtedness.
d. Acknowledgment of Indebtedness -
Borrower and Guarantor are
principal and interest and related costs and fees in the
this Agreement.
ii All such amounts remain
iii All such amounts are
payable in full, without offset, deduction or counterch
whatsoever, but are subject to increase, decrease or of
all interest, fees and other charges, including, without
of collection, which are payable to Bank pursuant to t
e. Acknowledgment that Advances are
as of the date hereof Borrower
existed and continue to exist
is individually and jointly
but not limited to principal,
einabove and that all such
A unconditionally due and
iv kind or character whatsoever.
- Prior to and on and as of
declare the Indebtedness of the
Inds upon the Borrower and
aat such accelerations and demands
.ve been received by the Borrower
)per and such accelerations and
effect and is not impaired or
is Agreement and the Borrower and
ice of dishonor or demand with
on and as of the date hereof:
I to Bank with respect to the
set forth in the recitals to
and unpaid.
y and unconditionally due and
of any kind or character
adjustment as a result of any and
attorney's fees and costs
Loans.
ated - That the obligation of
Bank to Borrower to make advances pursuant to any of the Loans which might be in the nature
of a line-of-credit has been terminated and that Bank no lon er has an obligation and will no
longer make advances on any line-of-credit to Borrower or uarantor even if the Borrower or
Guarantor make payments to Bank pursuant to this Agreem nt and comply in all other respects
with this Agreement.
f. Acknowledgment that Liabilities Contin e in Full Force and Effect - That all
liabilities and obligations of the Borrower and Guarantor p rsuant to the Loans shall, except as
expressly modified herein during the pendency of this Agre ment, remain in full force and
effect and shall not be released, impaired, diminished or in ny other way modified or amended
as a result of the execution and delivery of this Agreement
undertakings of the parties contained herein.
g. Acknowledgment that Mortgage Contin
the Open-End Mortgage granted by Borrower and Guarant
shall continue in full force and effect and remain perfected
terms from the date thereof, and shall secure repayment of
Commercial Loan 41, Commercial Loan 42 and Business I
h. Acknowledgment of Confessed Judgmei
are legal, equitable and proper in all respects and there exis
Confessed Judgments and the Confessed Judgments shall ri
pendency of this Agreement and thereafter. Further, that t}
direct their attorney to withdraw with prejudice the Petition
Confessed Judgments immediately upon the signing of this
Acknowledgment of Advice of Counsel
acknowledge that they have received independent legal adv
counsel of their selection and that he fully understands the
to their legal rights and obligations, and each party acknow
Agreement is fair and equitable and that it is being entered
having received such advise and with such knowledge, and
not the result of any duress or undue influence and that it is
improper or illegal agreement or agreements.
3. Forbearance and Modification by Bank
by the agreements and
s in Full Force and Effect - That
as security for the Business Loan
accordance with its respective
the Indebtedness, including the
s - That the Confessed Judgments
no right to open or strike off the
nain as valid liens during the
Borrower and Guarantor shall
to Open and/or Strike the
Borrower and Guarantor
,e from Donald R. Reavy, Esquire,
cts and has been fully informed as
dges and accepts that this
ito freely and voluntarily after
hat execution of this Agreement is
iot the result of any collusion or
a. Forbearance Period - At the request of th Borrower and Guarantor, Bank
agrees to forbear from the exercise of its rights and remedie , whether at law or in equity, by
agreement or otherwise available to Bank as a result of the vents of default existing under the
Loans as of February 2002, until the earliest to occur of the following:
15
June tr, 2005;.S,4c
The time at which Borrower or Guarantor fail to comply in any
respect with their respective covenants to Bank as set to th in Section 4 hereof; or
iii The occurrence of any event f default under any of the Loans
(other than the continuation of the events of default specified in the recitals to this
Agreement so long as Borrower and Guarantor comply
the period begirming on the date of this Agreement and
dates as set forth above, shall hereinafter be referred to
the terms of this Agreement)
natimz on the earliest of such
the "Forbearance and
Modification Period".
b. Termination of Forbearance and Modific
the Forbearance and Modification Period, pursuant to any c
Section 3(a) above, all forbearance deferrals, modifications
herein shall automatically terminate and the Loans shall the
by Borrower or Guarantor and if Borrower or Guarantor fa
collect the same, Bank shall thereupon be entitled to exerei
may have upon the occurrence of an event of default, inchu
referred to in the recitals of this Agreement, without further
Borrower and Guarantor agree that upon ternmation of the
Period, Bank may complete execution and sheriff's sale up
Guarantor which are pledged as collateral to Bank, includir
Borrower and Guarantor shall fully cooperate in the same.
4. Covenants of Borrower and Guarantor Durin
Period - At all times during the Forbearance and Modific
and in order to induce Bank to enter into this Agreement
of the Forbearance and Modification Period pursuant to
Borrower and Guarantor covenant and agree as follows:
a. Repayment - Modification - The princil
from the date of this Agreement forward accrue interest at
percent (8.5%) per annum and shall be amortized on a sixt
and final payment due on each at the thirty-sixth (36th) me
as follows:
Loan 0137286-9001
Five Hundred Thirty-One Dollars and Eighteen Cents
2002, and continuing o¢$t J,?} day of each Mon
shall make thirty-five (3Seg9 a?+n7dconsecutive mon
Forty-One Dollars and Seventy-Five Cents ($441.75)
sixth (36`') and final payment of all principal, interest,
outstanding on or before June 15 2005. Y-V .5>9(z
V ?>N)
ii Loan 0137286-9002 - Princ'.
Hundred Forty-One Dollars and Seventy-Seven Cents
2002, and continuing on the €rr ?d?y oVa h mon
shall make thirty-five (35) equ`af n c nsec ?? e mon
Three Dollars and Ninety-Seven Cents ($203.97) print
(36`h) and final payment of all principal, interest, fees,
or before June 152005.
iii Loan 0137286-0001 - rir
Dollars ($31,000.00) - Beginning July IS2002, i
month thereafter, Borrower or Guarantor shall make
ation Period - Upon termination of
f the causes (i) through (iii) of
and indulgences granted by Bank
reupon be immediately paid in full
l to make said payment, in order to
;e any and all remedies which it
ling, without limitation, those
notice of any kind. Further,
and Modification
all assets of the Borrower and
the Mortgaged Premises and the
i Period and continuing thereafter
as a condition of the continuation
on 3(a)(ii) hereinabove, the
I balance of each of the Loans shall
ie rate of eight and five tenths
(60) month schedule with a balloon
th. Specifically, they shall be paid
1 Balance - Twenty-One Thousand
21,53 1. IS) -Beginning July V, 15,
thereafter, Borrower or GuarantoL
y installments of Four Hundred
ncipal and interest and a thirty-
es, costs or charges then
1 Balance - Nine Thousand Nine
9,941.77) - Beginning July 1;, 41
thereafter, Borrower or Guarantoi5
Y installments of Two Hundred
al and interest and a thirty-sixth
sts or charges then outstanding on
nce - Thirty-One Thou on the fiat (1} 26Y-OR,
ach
(35) equal and consecutive
monthly installments of Six Hundred Thirty-Six Dolla
and interest and a thirty-sixth (36`h) and final payment
charges then outstanding on or before June 1$2005.
:?-Ik
Perfection of Title Lien Upon 1995
this Agreement, Borrower shall take all actions necessary
the title to the Borrower's 1995 Ford F-350 truck VIN: 11
shall provide Bank with the title to said truck properly en(
lien to be recorded upon the same.
c. Borrower and Guarantor shall execute
instruments that Bank may request to implement the pi
mortgage their residence to secure the Indebtedness of
d. Taxes and Insurance - The Borrower
taxes and insurance premiums paid current and shall
the same upon Bank's request.
e. Borrower and Guarantor shall perform
other respects with the requirements of the various loan
except only as modified herein.
f. As of the date of this Agreement there
fees, attorney's fees and costs) outstanding on the Loans in
Four Hundred Eight Dollars and Seventy Cents ($7,408.70'
twelve (12) equal monthly installments beginning July 15,
Seventeen Dollars and Thirty-Nine Cents ($617.39) each.
5. Release - Borrower and Guarantor hereby relea
Bank, and each and every past and present subsidiary, affil
agency, servant, employee, representative, and attorney of
causes of action, suits, debts, liens, obligations, liabilities,
(including attorneys' fees) of any kind, character or nature
fixed or contingent, which the Borrower or Guarantor may
may hereafter arise out of or connected with any act of con
existing or occurring prior to the date of this Agreement or
date of this Agreement including, without limitation, any c
arising with respect to the Indebtedness evidenced by Com
#2 r Business Note, or any other of the related documents.
shall be binding upon the Borrower and Guarantor and sha
and its respective successors and assigns.
6. Further Assurances - Except as expressly pr
Commercial Note 92, Business Note, Mortgage and all
and One Cent ($636.01) principal
all principal, interest, fees, costs or
V CP
F-350 Vehicle - That upon signing
have Bank's lien recorded upon
KF37H3SNA82098. Borrower
rsed and notarized to allow Bank's
other and further documents and
> of this Agreement, including a
rcial Loans #1 and 42.
Guarantor shall at all times keep all
Bank with proof of payment of
other duties and comply in all
ments evidencing the Loans
arrearages (including interest, late
ie total amount of Seven Thousand
Borrower shall repay this sum in
02 in the amount of Six Hundred
, acquit, and forever discharge the
te, stockholder, officer, director,
e Bank, from any and all claims,
mands, losses, costs and expenses
atsoever, known or unknown,
ave or claim to have now or which
hission or omission of the Bank
ay instrument executed prior to the
ims, liabilities or obligations
ercial Note 91, Commercial Note
he provisions of this Section 5
inure to the benefit of the Bank
herein, the Commercial Note 41,
y Agreements and any and all
other documents related to the Loans shall remain in full
their respective terms. Without limiting the generality of
construed to:
a. Impair the validity, perfection of
securing the Loans or Guaranty;
b. Waive or impair any rights, powers or re
Commercial Note #1, Commercial Note 42, Business Note,
and any and all other documents related to the Loans upon 1
Modification Period.
c. Require Bank to extend the Forbearance
additional forbearance or modifications or extend the term
of the Loans, or require Bank to make any loans or other er
or Guarantor after termination of the Forbearance and Mod
inconsistency between the terms of this Agreement and the
Note 42, Business Note or Mortgage, and any and all other
Agreement shall govem. Borrower and Guarantor acknowl
counsel and with such other experts and advisors as they he
with the negotiation and delivery of this Agreement. This Y
without regard to any presumption or rule requiring that it t
causing this Agreement or any part hereof to be drafted.
7. Future Assurances - Borrower and Guarantor ag
documents and instruments as Bank may request to implem
Agreement and to perfect and to protect the liens and securi
Commercial Note #1, Commercial Note 42, Business Note,
and any and all other documents related to the Loans.
8. Entire Agreement - This Agreement reflects the
with respect to the subject matter herein contained and sup(
whether written or oral, in regard thereto.
9. Full Force and Effect - Except as expressly mod
Commercial Note 41, Commercial Note #2, Business Note,
and all documents related to the Loans, shall be and shall re
shall constitute the legal, valid, binding and enforceable obl
to Bank.
10. Waiver - This Agreement is not intended to op
as, a waiver of any event of default, whether known to the
rights of the Bank shall remain reserved.
e and effect in accordance with
foregoing, nothing herein shall be
of any lien or security interest
of Bank under the
Security Agreements
of the Forbearance and
i Modification Period, or grant
he Loans or the time for payment
sions of credit to the Borrower
ation Period. In the event of any
mmercial Note #1, Commercial
;uments related to the Loans, this
;e that they have consulted with
deemed necessary in connection
shall be construed
construed against the party
to execute such other and further
the provisions of this
interests created by the
curity Agreements and Mortgage
understanding of the parties
any prior agreements,
herein, all terns of the
tgage and Surety Agreements,
in full force and effect and
ons of Borrower and Guarantor
as, and shall not be construed
or unknown, as to which all
11. Governing Law - This Agreement shall be gove ed by, and shall be construed in
accordance with, the internal substantive laws of the Commonwealth of Pennsylvania without
regard to the choice of law principles of such state.
12. WAIVER OF RIGHT TO JURY TRIAL - B,
WAIVE TRIAL BY JURY AND CONSENT TO THE GR
EQUITABLE RELIEF AS IS DEEMED APPROPRIATE
COMPETENT JURISDICTION.
13. Countemarts - This Agreement may be execute
which shall be an original and all of which, taken together,
agreement among the parties.
14. Binding Nature - This Agreement shall be
the parties hereto and their respective successors and
15. Captions - The captions to the sections and pz
convenience of the parties only, and are not a part of this
16. Time Of the Essence - Time is of the essence
RROWER AND GUARANTOR
NTING OF SUCH LEGAL OR
Y A JUDGE OF A COURT OF
in multiple counterparts, each of
hall constitute one of the same
upon and inure to the benefit of
of this Agreement are for
the Agreement.
17. CONFESSION OF JUDGMENT - BORROWI
IRREVOCABLY AUTHORIZE AND EMPOWER ANY A
PROTHONOTARY OR CLERK OF ANY COURT IN THI
PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ,4
AND GUARANTOR, UPON DEFAULT UNDER THE CC
COMMERCIAL NOTE #2 OR BUSINESS NOTE (THE "r
AGREEMENT, AND WITH OR WITHOUT COMPLAIN]
CONFESS OR ENTER JUDGMENT AGAINST BORROV
ENTIRE PRINCIPAL BALANCE DUE AND OWING ON
THIS AGREEMENT, AND ALL ACCRUED INTEREST,
SUIT AND AN ATTORNEYS' COMMISSION OF FIFTEI
UNPAID PRINCIPAL BALANCE AND ACCRUED INTE
IN ANY EVENT NOT LESS THAN FIVE HUNDRED DC
DOING THE NOTES OR THIS AGREEMENT, OR A CO
THIS AGREEMENT, SHALL BE SUFFICIENT WARRAI
GUARANTOR AGREE AND UNDERSTAND THAT IN
AND IN THE GRANTING OF THIS WARRANT THEY /
LEGAL RIGHTS, INCLUDING THEIR RIGHT TO NOTI
ENTRY OF A JUDGMENT AGAINST THEM, AND WA]
AND HEARING PRIOR TO EXECUTION, LEVY, OR &
PROPERTY FOR COLLECTION OF THE DEBT DUE Hl
GUARANTOR HAVE REVIEWED THIS PROVISION 0.
R AND GUARANTOR HEREBY
'TORNEY OR THE
COMMONWEALTH OF
1Y TIME FOR BORROWER
vIMERCIAL NOTE #1,
RTES") OR THIS
FILED AS OF ANY TERM,
ER OR GUARANTOR FOR THE
rHE NOTES AS MODIFIED BY
WITH COSTS OF
? PERCENT (15%) OF THE
EST FOR COLLECTION, BUT
,LARS ($500.00), AND FOR SO
Y OF THE NOTES AND/OR
C. BORROWER AND
GNING THIS AGREEMENT
ZE WAIVING IMPORTANT
E AND HEARING PRIOR TO
'E THEIR RIGHT TO NOTICE
2NISHMENT UPON THEIR
tEUNDER. BORROWER AND
THIS AGREEMENT WITH
10
THEIR ATTORNEY PRIOR TO SIGNING THIS
FULL FORCE AND EFFECT HEREOF.
IN WITNESS WHEREOF, the parties hereto have
first above written.
WITNESS:
and t/a Cala
"Borrower"
JytniYA. Ca
uarantor"
ATTEST: ALLFIRST F
r
?. < By:
Vivian P.
Vice Pres
AND UNDERSTAND THE
their hands and seals the date
's Lawn Service
II
COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY
On this&? day of , 2002,
authority, a Notary Public in and for said County and State,
Calaman, who acknowledged herself to be the person
Forbearance and Modification Agreement, and
purposes therein contained.
Witness my hand and notarial seal the day and year
me, the undersigned
appeared Juanita E.
name is subscribed to the within
that he executed the same for the
V47?--
Notary Public
Notufal Seal I
alls M. b Vole, Notary Public
ouattyy
Ailrommlseon of Hartisbuphin C
6xpiru Dec. l2, 2w
w
EXHIBIT "E"
LOST NOTE AFFIDAVIT
STATE OF NEW YORK
COUNTY OF MONROE
The undersigned, a duly authorized agent of MANUFACTURERS AND TRADERS TRUST
COMPANY (`Bank"), having been duly sworn, deposes and says: l
1. That Bank is the lawful owner and holder of that certm Commercial Promissory
Note and Security Agreement executed by Samuel A. Cal an on March 23, 2001, in
the original principal sum of $25,000.00, payable to he order of Allfirst Bank
("Note").
2. That a copy of the Note attached as Exhibit "A" shall be u ed in lieu of execution and
issuance of a new or duplicate promissory note.
3. That Bank has been unable to locate the Note after a dilig nt search and believes that
the note has been lost, mislaid, inadvertently destroyed or tolen.
4, That this Affidavit is made for the purpose of ind cing PRAMCO III, LLC
("Purchaser") to purchase Bank's right, title and intere to the Note and become
holder thereof, the Bank hereby agreeing immediately to surrender the Note to
Purchaser at any time hereafter should it come into the pos ession or control of Bank.
5. The Note, together with all renewals, extension and modifications, if any, is
transferred as is, where is, with all faults and without recourse and without any
representations or warranties of any kind, whether express or implied, oral or written,
except as provided in that certain Asset Sale Agreement d ed October 19, 2005.
Executed as of the 27`f day of October, 2005.
MANUFACTURERS
COMPANY, as succe
Bank
By:
Li
D TRADERS TRUST
in interest to Allfirst
Timothy P.
Authorized
On the o?3 day of January, 2006, before me, the undersi
Timothy P. Sheehan, personally known to me or proved to me c
evidence to be the individual whose name is subscribed to t
acknowledged to me that he executed the same in his capacity, and
instrument, the individual, or the person upon behalf of which the in
instrument.
ed, personally appeared
the basis of satisfactory
within instrument and
it by his signature on the
idual acted, executed the
V / ALISON LEE HUTCHINGS y
SALOANS\Company 54\54250038\Lost Note Affidavit and Assignment-doc Not ry P ubotn( eta toCOuntY Of Now V 1orIK
Commi sion Expires February 26, 20L?7
LOST NOTE AFFIDAVIT
STATE OF NEW YORK
COUNTY OF MONROE
The undersigned, a duly authorized agent of MANUFACTURERS AND TRADERS TRUST
COMPANY (`Bank"), having been duly swom, deposes and says:
1. That Bank is the lawful owner and holder of that certain Business Home Equity Line
executed by Samuel A. Calaman on May 1, 2001, in th original principal sum of
$11,200.00, payable to the order of Allfirst Bank ("Note")
2. That a copy of the Note attached as Exhibit "A" shall be u$ed in lieu of execution and
issuance of a new or duplicate promissory note.
3. That Bank has been unable to locate the Note after a dilig nt search and believes that
the note has been lost, mislajd, inadvertently destroyed or tolen.
4. That this Affidavit is made for the purpose of inducing PRAMCO III, LLC
("Purchaser") to purchase Bank's right, title and intere t to the Note and become
holder thereof, the Bank hereby agreeing immediately to surrender the Note to
Purchaser at any time hereafter should it come into the possession or control of Bank.
5. The Note, together with all renewals, extension and modifications, if any, is
transferred as is, where is, with all faults and without recourse and without any
representations or warranties of any kind, whether expres or implied, oral or written,
except as provided in that certain Asset Sale Agreement dated October 19, 2005.
Executed as of the 27di day of October, 2005.
MANUFACTURERS
COMPANY, as succe
Bank
D TRADERS TRUST
in interest to Allfirst
Timothy P.
Authorized
On the a?,5 clay of January, 2006, before me, the unders
Timothy P. Sheehan, personally known to me or proved to me
evidence to be the individual whose name is subscribed to
acknowledged to me that he executed the same in his capacity, and
instrument, the individual, or the person upon behalf of which the it
instrument.
Notary
S ALOANS\Company 54\54250040\Lost Note Affidavit and Assignnn"t.doc
.ed, personally appeared
the basis of satisfactory
within instrument and
it by his signature on the
,idual acted, executed the
ALISON LEE HUTCHINGS
rry Public, State Of New York
Monroe County
sign Expires February 20, 20?L7
LOST NOTE AFFIDAVIT
STATE OF NEW YORK
COUNTY OF MONROE
The undersigned, a duly authorized agent of MANUFACTURER AND TRADERS TRUST
COMPANY (`Bank"), having been duly sworn, deposes and says:
That Bank is the lawful owner and holder of that certain Business Home Equity Line
executed by Samuel A. Calaman on May 1, 2001, in the original principal sum of
$31,000.00, payable to the order of Allfrrst Bank ("Note')
2. That a copy of the Note attached as Exhibit "A" shall be r?sed in lieu of execution and
issuance of a new or duplicate promissory note. 1
3. That Bank has been unable to locate the Note after a dili nt search and believes that
the note has been lost, mislaid, inadvertently destroyed or tolen.
4. That this Affidavit is made for the purpose of ind cing PRAMCO III, LLC
("Purchaser") to purchase Bank's right, title and intere t to the Note and become
holder thereof, the Bank hereby agreeing immediately to surrender the Note to
Purchaser at any time hereafter should it come into the po session or control of Bank.
5. The Note, together with all renewals, extension and modifications, if any, is
transferred as is, where is, with all faults and without recourse and without any
representations or warranties of any kind, whether expres or implied, oral or written,
except as provided in that certain Asset Sale Agreement d ted October 19, 2005.
Executed as of the 27`h day of October, 2005.
MANUFACTURERS
COMPANYyassucce
Bank /
By:
Timothy P.
Authorized
D TRADERS TRUST
in interest to Allfrrst
On the jeday of January, 2006, before me, the unders
Timothy P. Sheehan, personally known to me or proved to me
evidence to be the individual whose name is subscribed to
acknowledged to me that be executed the same in his capacity, and
instrument, the individual, or the person upon behalf of which the it
instrument.
r i
S.\LOANS\Company 54\54250039\Lost Note ArBdava and Assignment doc
ed, personally appeared
the basis of satisfactory
within instrument and
at by his signature on the
-idual acted, executed the
ALI?ON LEE HUTCHINGS
Notaryublic, State Of New York
Monroe County
Commission Expires February 20, 20L?
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 Ai
Telecopier (610)684-2020
PRAMCO III, LLC
6894 Pittsford-Palmyra Road
Fairport, NY 14450
Plaintiff
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
COURT OF
No.
CERTIFICATION
I hereby certify the precise last-known addresses of the parties
ART MELOFF
BY:
for Plaintiff
IMON PLEAS
COUNTY,PA
as set forth above.
& STEIN, P.C.
William J. Levant;
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I. D. No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 A
Telecopier(610)684-2020
PRAMCO III, LLC COURT OF
6894 Pittsford-Palmyra Road CUMBERL)
Fairport, NY 14450
Plaintiff
VS.
No.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
for Plaintiff
AMON PLEAS
COUNTY, PA
VERIFICATION OF NON-APPLICABILITY Of GOODS
AND SERVICES INSTALLMENT SALES CT
I, TIMOTHY SHEEHAN, being duly sworn according to law, <
authorized representative of the Plaintiff, that I have sufficient knowl,
Verification, and that this Confession of Judgment does not arise out
contract or account" as defined under the Goods and Services Ins
Section 1101 et sec, nor is judgment being entered against natural I
"consumer credit transaction" as that term is defined in Pennsylvania 1
(as amended July 1, 1996).
I further state that this verification is taken subject to the
relating to unworn falsification to authorities. PRAM 17
By :
ose and state that I am an
;e of the facts to make this
a "retail installment sale,
ment Sales Act, 69 P.S.
>ons in connection with a
e of Civil Procedure 2950
of 18 Pa. C.S.A. §4904
SHEEHAN, Authorized Representative
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire (I.D. No. 54286)
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 Ai
Telecopier(610)684-2020
PRAMCO III, LLC COURT OF
6894 Pittsford-Palmyra Road CUMBERL,
Fairport, NY 14450
Plaintiff
VS.
No.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
TIMOTHY SHEEHAN, deposes and says that he is an and
Plaintiff, that as such, he is authorized to give this Affidavit, and that
information and belief, and as shown on the attached Departme
Defendants are not members of the Military Service of the United Sta
within the provisions of the Servicepersons' Civil Relief Act of 20(
taken subject to the penalties of 18 Pa.C.S.A. Section 4904 relating
authorities.
P
By:
SHEEHAN,
for Plaintiff
vIMON PLEAS
COUNTY, PA
rized representative of the
the best of his knowledge,
of Defense reports, the
s or its Allies or otherwise
and that this Affidavit is
unworn falsifications to
Representative
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
MAY-24-2006 14:50:19
< Last Name First/Middle Begin Date Active Duty Status Service/Agency
CALAMAN Samuel Based on the information you have furnished
information indicating that the individual is c the DMDC does not possess any
ently on active duty.
Upon searching the information data banks of the Department of Defense
information that you provided, the above is the current status of the indivi
Robert J. Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the
the Defense Enrollment and Eligibility Reporting System (DEERS) dat
on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servi
USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Ci
issued hundreds of thousands of "does not possess any information indicati.
active duty" responses, and has experienced a small error rate. In the event
any family member, friend, or representative asserts in any manner that the
otherwise entitled to the protections of the SCRA, you are strongly encoura
the person's active duty status by contacting that person's Military Service
provided below. If you have evidence the person is on active-duty and you
Service verification, provisions of the SCRA may be invoked against you.
power Data Center, based on the
as to all branches of the Military.
of Defense that maintains
is the official source of data
aembers Civil Relief Act [50
Relief Act of 1940). DMDC has
that the individual is currently on
individual referenced above, or
lividual is on active duty, or is
3 to obtain further verification of
the "defenselink.mil" URL
I to obtain this additional Military
If you obtain further information about the person ( e.g., an SSN, improved curacy of DOB, a middle name),
you can submit your request again at this Web site and we will provide a ne certificate for that query.
This response reflects current active duty status only. For historical
Service SCRA points-of-contact.
See: http://www.defenselink.mil/faq/pis/PC09SLDR.httnl
WARNING: This certificate was provided based on a name and Social
requester. Providing an erroneous name or SSN will cause an erroneous
Report ID:DTUJLPFFUS
please contact the Military
number (SSN) provided by the
tte to be provided.
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/24/2006
Request for Military Status
Department of Defense Manpower Data Center
0 Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 1
MAY-25-2006 06:45:23
C Last Name First/Middle Begin Date Active Duty Status Service/Agency
CALAMAN Juanita Based on the information you have furnished
information indicating that the individual is c the DMDC does not possess any
ently on active duty.
Upon searching the information data banks of the Department of Defense
information that you provided, the above is the current status of the indivi
Robert J. Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the
the Defense Enrollment and Eligibility Reporting System (DEERS) dat
on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servi
USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Ci
issued hundreds of thousands of "does not possess any information indicati:
active duty" responses, and has experienced a small error rate. In the event
any family member, friend, or representative asserts in any manner that the
otherwise entitled to the protections of the SCRA, you are strongly encoura
the person's active duty status by contacting that person's Military Service i
provided below. If you have evidence the person is on active-duty and you
Service verification, provisions of the SCRA may be invoked against you.
power Data Center, based on the
as to all branches of the Military.
of Defense that maintains
is the official source of data
nembers Civil Relief Act [50
Relief Act of 1940). DMDC has
that the individual is currently on
individual referenced above, or
dividual is on active duty, or is
d to obtain further verification of
the "defenselink.mil" URL
I to obtain this additional Military
If you obtain further information about the person (e.g., an SSN, improved curacy of DOB, a middle name),
you can submit your request again at this Web site and we will provide a ne certificate for that query.
This response reflects current active duty status only. For historical
Service SCRA points-of-contact.
See: http://www.defenselink.mil/faq/Pis/PC09SLDR.httnl
WARNING: This certificate was provided based on a name and Social !
requester. Providing an erroneous name or SSN will cause an erroneous
Report ID:DUVXPYXFIP
please contact the Military
number (SSN) provided by the
ite to be provided.
https://www.dmdc.osd.mil/scra/owa/scra.prq_Select 5/25/2006
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire (I.D. No. 54286)
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 / Telecopier (610)684-2020
PRAMCO III, LLC COURT OF
6894 Pittsford-Palmyra Road CUMBERLj
Fairport, NY 14450
Plaintiff
VS.
No.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
for Plaintiff
viMON PLEAS
COUNTY, PA
TIMOTHY SHEEHAN, deposes and says, under penalty of 8 P. S. § 4904, that he is an
authorized representative of the Plaintiff, that as such, he is authorize to give this Affidavit, and
that to the best of his knowledge, information and belief, at the time of the signing of the
documents containing provisions for judgment by confession in the said matter, the individual
natural Defendant(s) each :
1. Earned more than $10,000.00 annually, or
2. Intentionally, understandingly and voluntarily waived
a. The right to notice and hearing,
b. The right of defalcation, i.e., the right to re uce or set off a claim by
deducting a counterclaim,
c. Release of errors,
d. Inquest (to ascertain whether rents and profits f Defendant(s') real estate
will be sufficient to satisfy the judgment withi 7 years),
e. Stay of execution (if Defendant(s) owns real es to in fee simple within the
county worth the amount to which the Plaintiff is entitled, clear of
encumbrances), and
f. Exemption laws now in force or hereafter to b passed.
By : ,
TI O SHEEHAN, Auth rized Representative
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire (I.D. No. 54286)
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
610/260-6000 / Telecopier (610) 684-2020 Ai
PRAMCO III, LLC
6894 Pittsford-Palmyra Road
Fairport, NY 14450
Plaintiff
VS.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
COURT OF
No.
VERIFICATION
I, TIMOTHY SHEEHAN, do hereby depose and state that :
• I am an authorized representative of the
• I possess sufficient personal knowledge -- b
the Plaintiff s regularly-maintained business
• the factual allegations set forth in this I
are true and correct to the best of my
• the transaction herein at issue is entirely
• the documents attached hereto are true and
• the Defendant is in default as hereinabove set
• this verification is taken subject to the 1
4904 relating to unsworn falsification to
By :
SHEEHAN,
for Plaintiff
viMON PLEAS
COUNTY, PA
i in part upon a review of
ords -- to do so;
in Confession of Judgment
e, information and belief,
acial in nature;
°ct copies of the originals;
orth; and
; of 18 Pa.C.S.A. Section
Representative
C3 -IQ-
?J J
C: i
oz??
IN THE COURT OF COMMON PLEAS of CU
CIVIL ACTION - LAW
PRAMCO HI, LLC
6894 Pittsford-Pahnyra Road
Fairport, NY 14450
Plaintiff
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants
TO : JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
COURT OF
COUNTY
IMON PLEAS
COUNTY, PA
No. 4 6 - 3106
NOTICE
Notice is given that a Judgment in the above-captioned
against you, on
By:
BY
If you have any questions concerning the above, please contact:
Attomey of Party Filing
WILLIAM J. LEVANT,
Address
KAPLINSTEWART
910 Harvest Drive
Post Office Box 3037
City. State. Zip Code
BLUE BELL, PA 19422
Telephone Number
(610)260-6000
(1V1( fcr^
has been entered
F REITER & STEIN, P.C.
SHERIFF'S RETURN - REGULAR
I r CASE NO: 2006-03100 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
SHARON LANTZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE UNDER RULE 2958.1 was served upon
CALAMAN SAMUEL A the
DEFENDANT , at 1906:00 HOURS, on the 30th day of June 2006
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241
LANA THUMMA, MOTHER IN LAW
by handing to
ADULT IN CHARGE
a true and attested copy of NOTICE UNDER RULE 2958.1 together with
OF JUDGMENT AND EXECUTION THEREON
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 7.04
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
35.43 / 07/05/2006
KAPLIN STEWART MELOFF REITER
Sworn and Subscibed to By:
before me this day eputy Sherif
of A.D.
SHERIFF'S RETURN - REGULAR
+ CASE NO: 2006-03100 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
SHARON LANTZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE UNDER RULE 2958.1 was served upon
CALAMAN SAMUEL A T/A CALAMAN'S LAWN SERVICE the
DEFENDANT , at 1906:00 HOURS, on the 30th day of June 2006
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241 by handing to
LANA THUMMA, MOTHER IN LAW, ADULT IN CHARGE
a true and attested copy of NOTICE UNDER RULE 2958.1 together with
OF JUDGMENT AND EXECUTION THEREON
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00 Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00,/ 07/05/2006
171,,4tOt KAPLIN STEWART MELOFF REITER
Sworn and Subscibed to By:
before me this day eputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
I + CASE NO: 2006-03100 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRAMCO III LLC
VS
CALAMAN SAMUEL A ET AL
SHARON LANTZ
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within NOTICE UNDER RULE 2958.1 was served upon
CALAMAN JUANITA E
the
DEFENDANT
at 1906:00 HOURS, on the 30th day of June , 2006
at 456 MOUNT ROCK ROAD
NEWVILLE, PA 17241
LANA THUMMA, MOTHER
by handing to
ADULT IN CHARGE
a true and attested copy of NOTICE UNDER RULE 2958.1 together with
OF JUDGMENT AND EXECUTION THEREON
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00 51
y
Affidavit .00
Surcharge 10.00 R. Thomas Kline
nn
16.00,/ 07/05/2006
C 7l2,w/v KAPLIN STEWART MELOFF REITER
Sworn and Subscibed to By:
VMIJ f
before me this day Deputy Sheri f
of A.D.
o
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAMCO III, LLC
6894 Pittsford-Palmyra Road
Fairport, NY 14450
Plaintiff,
V.
SAMUEL A. CALAMAN
Individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants.
CIVIL ACTION
No. 06-3100
ASSIGNMENT OF JUDGMENT
KNOW ALL MEN BY THESE PRESENTS, that PRAMCO III, LLC, ("Assignor") for
good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant,
bargain, convey, transfer, assign and make over to SOPRAMCO III REO, LLC, whose
address is 230 CrossKeys Office Park, Fairport, New York 14450 (together with its successors
and assigns, "Assignee'), a certain judgment recovered by Assignor in the Court of Common
Pleas of Cumberland County, Pennsylvania, recovered as of May 31, 2006, against Defendants
Samuel A. Calaman, individually and trading as Calaman's Lawn Service, and Juanita E.
Calaman, for the sum of $54,071.86 with interest from May 31, 2006; together with all the
benefits and advantages that may be obtained thereby, and full power to enforce and recover the
judgment to its own use.
Assignor further authorizes and empowers the Prothonotary or any attorney on behalf of
the Assignee to mark the judgment to the Assignee's use.
IL
•s
IN WITNESS WHEREOF, I have set my hand and seal this 24th day of October, 2008,
to be effective August 21, 2008.
PRAMCO III, LLC, as Assignor
By
Timothy P. Sheehan
Its Authorized Representative
ACKNOWLEDGMENT
STATE OF NEW YORK )
ss..
COUNTY OF MONROE )
On the c? t) day of October, 2008, before me, the undersigned, personally appeared
Timothy P. Sheehan, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
'ARY
ALISON LEE'HUTCHINGS
Nabry Public, State of New lick
Monroe County
COM133100 Expires February 20, 20 i
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KAPLIN STEWART MELOFF REITER & STEIN, P.C.
BY: William J. Levant, Esquire
I.D. No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422
(610) 260-6000
Telecopier (610) 684-2020 Withdrawing Attorneys for Plaintiff
PRAMCO III, LLC
Plaintiff
vs.
SAMUEL A. CALAMAN
individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 06-3100 - Civil
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY;
Kindly withdraw the appearance of the undersigned on behalf of the Plaintiff in the
above-captioned matter.
Dated: 11/20/08
STEW MELOFF REITER & STEIN, P.C.
?
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THE CHARTWELL LAW OFFICES, LLP
Robert J. Murtaugh, Esquire (#57494)
Ron L. Woodman, Esquire (#88450)
Valley Forge Corporate Center
970 Rittenhouse Road, Suite 300
Eagleville, PA 19403
Telephone: (610) 666-7700
Facsimile: (610) 666-7704
Attorneys for Plaintiff
PRAMCO III, LLC,
Plaintiffs,
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION
No. 06-3100
SAMUEL A. CALAMAN, Individually
and trading as CALAMAN'S
LAWN SERVICE
AND
J UANITA E. CALAMAN
Defendants.
ENTRY OF APPEARANCE
Kindly enter the appearance of Robert J. Murtaugh, Esquire and Ron L. Woodman,
Esquire of The Chartwell Law Office, LLP as Counsel for the Plaintiff, Pramco III, LLC, in the
above-captioned matter.
THE CHARTNvia LAW OFFICES, LLP
Dated: December 3, 2008 By: ??C C
Robert J. Murta , Esquire (#4)
f"
By:
R 6n L. Woodman, Esquire (#88450)
.?-_?
,
--
' '?i
? `+
'
?.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAMCO III, LLC
6894 Pittsford-Palmyra Road
Fairport, NY 14450
Plaintiff,
V.
SAMUEL A. CALAMAN
Individually and trading as
CALAMAN'S LAWN SERVICE
and ,
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants.
CIVIL ACTION
No. 06-3100 p - `
ASSIGNMENT OF JUDGMENT
KNOW ALL MEN BY THESE PRESENTS, that SOPRAMCO III REO, LLC, whose
address is 230 CrossKeys Office Park, Fairport, New York 14450 ("Assignor") for good and
valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain,
convey, transfer, assign and make over to FAIR-PORT ASSET MANAGEMENT, LLC,
whose address is 230 CrossKeys Office Park, Fairport, New York 14450 (together with its
successors and assigns, "Assignee"), a certain judgment recovered by Assignor in the Court of
Common Pleas of Cumberland County, Pennsylvania, recovered as of May 31, 2006, against the
Defendants in the amount of $54,071.86, with interest from May 31, 2006 ("Judgment");
together with all the benefits and advantages that may be obtained thereby, and full power to
enforce and recover the Judgment to its own use.
PC! o? -oo 04'
PLC assn &,,
Assignor further authorizes and empowers the Clerk of Courts or any attorney on behalf
of the Assignee to mark the judgment to the Assignee's use.
IN WITNESS WHEREOF, I have set my hand and seal the It (-?ay of December, 2010,
to be effective as of the 19th day of November, 2010.
SOPRAMCO III REO, LLC, as Assignor
By: ?
Timothy P. Sheehan
Authorized Representative
ACKNOWLEDGMENT
STATE OF NEW YORK )
ss.:
COUNTY OF MONROE )
On the ?? day of December, 2010, before me, the undersigned, personally appeared
Timothy P. Sheehan, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
otary P 1
ALISON L UTCNIN GS
Notary PLIHW, State Of HIM York
foomme County
Commission Expires February 20,20 11
S:\LOANWomp ny 138\138230009\Assignm nt of Judgment-06-3100.dm 2
IN THE COURT OF COMMON PLEAS
4t
`
CUMBERLAND COUNTY,PENNSYLVANIA 20/4, 1 � ,
t2PENN4AIL) cout
PRAMCO III, LLC
6894 Pittsford -Palmyra Road
Fairport, NY 14450
Plaintiff,
CIVIL ACTION
v.
No. 06-3100
SAMUEL A. CALAMAN
Individually and trading as
CALAMAN'S LAWN SERVICE
and
JUANITA E. CALAMAN
456 Mount Rock Road
Newville, PA 17241
Defendants.
SATISFACTION OF JUDGMENT
WHEREAS, a judgment was entered in the above action on May 31, 2006, in favor of
Plaintiff and against Defendant in the amount of $54,071.86 with interest, and said Judgment
was assigned to (A) Sopramco III REO, LLC, pursuant to that certain Assignment of Judgment
dated as of August 21, 2008, filed on November 3, 2008, in the Court of Common Pleas,
Cumberland County, Pennsylvania and (B) Fairport Asset Management, LLC, pursuant to that
certain Assignment of Judgment dated as November 19, 2010, filed on February 25, 2011, in the
Court of Common Pleas, Cumberland County, Pennsylvania, and (C) having been fully paid, and
it is certified that there are no outstanding executions with any sheriff or marshal.
THEREFORE, full and complete satisfaction of said judgment is hereby acknowledged,
and the Clerk of the Court is hereby authorized and directed to make an entry of the full and
complete satisfaction on the docket of said judgment.
Dated: Fairport, New York
May L, 2014 FAIRPORT ASSET MANAGEMENT, LLC
By:
J M. Himmelberg
Authorized Representative
ACKNOWLEDGMENT
STATE OF NEW YORK )
) ss.:
COUNTY OF MONROE )
On the 7 "day of May, 2014, before me, the undersigned, personally appeared John M.
Himmelberg, personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity, and that by his signature on the instrument, the individual,
or the person upon behalf of which the individual acted, executed the instrument.
S:\LOANS\Company 138\138230009\Satisfaction of Judgment - 06-3100,doc
0J,0 01 ((((l
Notary I'ubl�c
JULIA A. HILL
Notary Public in the State of New York
MONROE COUNTY
Commission Expires August 8, Zoc �(