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HomeMy WebLinkAbout02-2058PNC BANK, NATIONAL ASSOCIATION Plaintiff STEVEN L. BLOSER AND MARTINA J. BLOSER A/K/A MART1NA BLOSER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o 9£s CIVIL ACTION - LAW NOTICE TO: Steven L. Bloser and Martina J. Bloser a/k/a Martina Bloser Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all the documents filed in support of the said judgment. YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: KARL M. LEDEBOHM, ESQUIRE TELEPHONE NUMBER: (717) 761-1881 Prothonota'{'y ~] Steve Guaranty PNC BANK, NATIONAL ASSOCIATION Plaintiff Vt STEVEN L. BLOSER AND MARTINA J. BLOSER A/K/A MARTINA BLOSER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ::N°' .' : : CIVIL ACTION - LAW CONFESSION OF JUDGMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the complaint filed in this action, I appear for the Defendants and confess judgment in favor of the Plaintiff and against Defendants as follows: I. Note A: Obligor/Obligation Nos.: 30934754-601144676 ($40,000 Loan) Principal $ 37,695.49 Interest to April 16, 2002 $ 326.44 Mortgage Satisfaction Fees $ 14.00 Attorneys' commission $ 3,802.19 Total due to Plaintiff as of $ 41,838.12 April 16, 2002 II. Note B: Obligor/Obligation Nos.: 30934754-601144802 ($35,000 Loan) a. Principal $ 22,433.97 b. Interest to April 16, 2002 $ 833.69 c. Mortgage Satisfaction Fees $ 14.00 d. Attorneys' commission $ 2,326.76 e. Total due to Plaintiff as of $ 25,608.37 April 16, 2002 1II. Note C: Obligor/Obligation Nos.: 30934754-601447662 ($26,000 Loan) Steve Guaranty Date: a. Principal b. Interest to April 16, 2002 c. Late Charges d. Mortgage Satisfaction Fees e. Attorneys' commission f. Total due to Plaintiff as of April 16, 2002 Grand total due to Plaintiff under the Guaranty as of April 16, 2002 $ 26,000.00 $ 675.82 $ 118.69 $ 14.00 $ 2,667.58 $29~476.09 $96,922.58 plus additional interest, and costs from the date of the Complaint. Respectfully submitted, SAIDIS, SHUFF,,~O3~VER & LINDSAY,~ By: Karlfll. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney For Defendants Steve Guaranty PNC BANK, NATIONAL ASSOCIATION Plaintiff STEVEN L. BLOSER AND MARTINA J. BLOSER A/K/A MARTINA BLOSER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : . : : CIVIL ACTION - LAW COMPLAINT FOR CONFESSION OF JUDGMENT UNDER RULE 2951 1. The name and address of the Plaintiff is PNC Bank, National Association, 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. The names and last known address of the Defendants are Steven L. Bloser and Martina J. Bloser a/k/a Martina Bloser, 150 Bamstable Road, Carlisle, Pennsylvania 17013. 3. Defendants Steven L. Bloser and Martina J. Bloser a/k/a Martina Bloser ("Defendants") executed and delivered to Plaintiff a Commercial Guaranty (the "Guaranty"), a true and correct photostatic reproduction of the original of which is attached hereto as Exhibit "A" and made part hereof. 4. Defendants under the Guaranty, guaranty to Plaintiff the payment of all amounts due to Plaintiff by Bloser Brothers, a Pennsylvania General Partnership ("Debtor") under the following Promissory Notes: (a) Promissory Note dated April 30, 1999 in the original principal amount of Forty Thousand and 00/100 Dollars ($40,000.00) ('`Note A"), (b) Promissory Note dated April 30, 1999 in the original principal amount of Thirty Five Thousand and 00/100 Dollars ($35,000.00) ("Note B") and (c) Promissory Note dated April 19, 2000 in the original principal amount of Twenty Six Thousand and 00/100 Dollars ($26,000.00) ("Note C"). A hue and correct photostatic copy of Note A, Note B and Note C are attached hereto as Exhibits "B", "C" and "D" respectively. Note A, Note B and Note C are sometimes referred to herein collectively as (the ''Notes"). 5. Debtor is in default of Debtor's obligations to make payment to Plaimiffas required in the Notes and Defendants are in default of Defendants' obligations to make payment to Plaintiff under the Guaranty. 6. Judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 7. There has not been any assignment of the Guaranty. 8. Judgment has not been entered on the Guaranty in any jurisdiction. 9. An itemized computation of the amount due to Plaintiff by Defendants as a result of Defendants' default under the Guaranty is as follows: I. Note A: Obligor/Obligation Nos.: 30934754-601144676 ($40,000 Loan) Principal $ 37,695.49 Interest to April 16, 2002 $ 326.44 Mortgage Satisfaction Fees $ 14.00 Attorneys' commission $ 3,802.19 Total due to Plaintiff as of $ 41,838.12 April 16, 2002 Note B: Obligor/Obligation Nos.: 30934754-601144802 ($35,000 Loan) Principal $ 22,433.97 Interest to April 16, 2002 $ 833.69 Mortgage Satisfaction Fees $ 14.00 Attorneys' commission $ 2,326.76 Total due to Plaintiff as of $ 25,608.37 April 16, 2002 NoteC: Obligor/ObligationNos.: 30934754-601447662 ($26,000 Loan) a. Principal $ 26,000.00 b. Interest to April 16, 2002 $ 675.82 c. Late Charges $ 118.69 d. Mortgage Satisfaction Fees $ 14.00 e. Attorneys' commission $ 2,667.58 f. Total due to Plaintiff as of $29~476.09 April 16, 2002 Grand total due to Plaintiff under the Guaranty as of April 16, 2002 $96,922.58 10. Interest continues to accrue at the default rates provided in the Notes. WHEREFORE, Plaintiff d~nands judgment against Defendants, Steven L. Bloser and Martina J. Bloser a/k/a Martina Bloser, as authorized by the warrant of attorney contained in the Guaranty for Ninety-Six Thousand Nine Hundred Twenty-Two and 58/100 Dollars ($96,922.58), plus interest from and including the date of this Complaint and judgm*nt entered hereon at the default rates provided in the Notes and costs of suit. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By' ~~-~~ 'K~I/M. Ledebo~un, Esqu}re SUPreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff COMMERCIAL GUARAN, t' References in the shaded area are for Lender's use onl~ and do not limit the appllosbllib/of this document to any padtculer loan or item. Borrower: Guarantor: BLOSERBROTHERS (TIN: 2s1758013) 1.;0 BARNSTABLE ROAD CARLISLE, PA 17013-7420 $ I,-VEN L BLOSER and MARTINA J. BLOSER 1 S0 BARNSTABLE ROAD CARLISLE, PA 17013 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001.-0~74 AMOUNT OF GUARANTY. The amount of this Gueranly Is Unllndted. CONTINUING IJNUl~,l,-,, GUARANTY. For good and valuable consideration, STEVEN L. BLOSER and MARTINA J. BLOSER ("Gueranto, atzselutaly and unconditionally guarantee and promise to pay, Jointly and severally, to PNC BANK, NATIONAL ASSOCIATION ('1..ender') or order, In legal tender of the United States of America, the Indebtndn_-e,,___ (as that term Is defined below) of BLOSER BROTHERS ("Bon'owe to Lender mt the terms and conditions set forlh In this Guaranty. Under thte Gueranly, the liability of Guarantor te unllmltnd and t obligations of Guarantor are continuing. DEFINITIONS. The following words shell have the following meanings when used in this Guaranty:. Borrower. The wood 'Borrower~ means 8LOSER BROTHERS. Guarantor. The word "Guarantor" means STEVEN L. BLOSER and MARTINA J. BLOSEFI, who are signing this Guaranty joinlly and severally. Guaranty. The word "Guaranty' means this Guaranty made by Guarantor for the benefit of Lender dated Apdl 19, 2000. Indebtedness. The word "Indebtedness" is used In its most comprehensive sense and means and Inoludss any and alt of Borrower's llablliti; obllgstions, debts, and indebtedness to Lender, now existing oo hereinafter Incurred or created, including, without limitation, ail Icens, edvanc~ interest, costs, debts, overdraft indebtedn_=_~__,=, credit card indebtedness, lease obligations, other obtigallocs, and liabilities of Borrower, oo any them, and any p _re~e___qt oo futura judgments against Borrower. oo any of them; and whether any such Indebtedness is voiuntarlty oo Involuntar incurred, due or not due, absolute or contingent, liquidated or unllquideted, determined oo undetermined; whether Borrower may be Ilar individually or jointly with others, oo primerity or secondarily, oo as guarantor oo surety;, whether recovery on the Indebtedness may be or m become barred oo unenforceable against Borrower for any reason whatsoever;, and whether the Indebtedness arises from tran~--,_~lone which m he voidable on account of infancy, Insanity, ultra vires, or otherwise. Lender. The word "Lender' means PNC BANK, NATIONAL ASSOCIATION, its successors and assigns. Related Documents. The words "Related Documents" mean and Inolude without limitation ali promissop/ notes, credit agreements, Io. agreements, environments] agreements, guaranties, __,~ecurtty agreements, mortgages, deeds of trust, and all other instruments, agreements a~ documents, whether now or hereafter existing, executed in connection with the Indebtedness. NATURE OF GUARANTY. Guarontor's liability under this Guaranty sheti be open and continuous for so long as this Guaranty remains in for( Guarantor intends to guarantee at ail times the performance and prompt payment when due, whether at maturity oo eartier by reason of eccaleration othan~ise, of ail Indebtedness. Accordingly, no payments made upon the Indebtedness will discharge oo d~mlntsh the continuing liability of Gueranl in connection with any remaining portions of the Indebtedness or any of the Indebtedness which subsequently arises or is thereafter Incurred contracted. The obligations of Guarantors shall be joint and several. Lender may proceed against any of the Guarantors Individually, against a group of Guarantors, oo against all the Guarantors in one action, without affecting the right of Lender to proceed against other Guarantors for amour that ara covered by this Guaranty. Any inability of Lender fo proceed against any Guarantor (whether caused by actions of a Guarantee or of Lend; will not affect Lender's right to proceed against any or ail remaining Guarantors foe all oo part of the amounts covered by this Guaranty. DURATION OF GUARANTY. This Guaranty will tske effect when received by Lender without the necessity of any acceptance by Lender, or any noti to Guarantor oo to Borrower. and will continue in full force until ail Indebtedness incurred oo contracted before receipt by Lender of any notice revocation shall have been fully and finally paid end satisfied and ail other obligations of Guarantor under this Guaranty sheti have bean performed full. If Guarantee elects to revoke this Guaranty, Guarantor may only do so in writing. Guarantor's wdhen notice of revocation must be mailed Lender, by certified mail, at the addr,~__~_ of Lender listed above oo such other place as Lender may designate In writing. Wrtifan revocation of ti Guaranty will apply only to advances or new Indebtedness created after actual receipt by Lender of Guarantor's wriffan revocation. For this purdc and without limitation, the term "new Indebtedness" does not include Indebtedness which at the time of notice of revocation is contingent, unllquidat; undetermined or not due end which later becomes absolute, liquidated, determined oo due. Notice of revocation shall be effective only as to t particular Guarantor providing the notice, and shall not affect the liability of other guarantors. This Guaranty will continue to bind Guarantor for Indebtedness incurred by 80n-ower or committed by Lender prior to receipt of Guarantor's wdtten notice of ravocetion, including any extansio~ renewals, substitutions oo modifications of the Indebtedness. All renewals, e~nstens, substitutions, and modilications of the Indebtedness grant after Guarantor's revocation, are contemplated under this Guaranty and, speclltcaily will not be considered to be new Indebtedness. This Guara~ shall bind the estate of Guarantor as to Indebtedness created both before and after the death or Incapaolly of Guarantor, regardless of Lender's act1 notice of Guarantor's death. Subject to the foregoing, Guarantor's executoo oo administrator oo other legal raprasentetive may terrnineto this Guaranb/ the same manner in which Guarantee might have terminated it and with the same effect. Release of any other guarantor or termination of any ott guaranty of the Indebtedness shall not affect the liability of Guarantor under this Guaranty. A revocation race,md by Lender from any one oo mr Guarantors shall not affect the liability of any remaining Guarantors under this Guaranty. It Is antlcipoted that fluctuations may oocur In t aggregate amount of Indebthdne_~_ covered by this Guaranty, and It la opeclflcelly acknowledged and agreed by Guarantor that reductions the amount of Indebtedness, even to zero dollars (SO.00), prior to written revocation of this Guaranty by Guarantor sttall not conatltut~ termination of this Gueranly. This Guaranty Is binding upon Guarantor and Guarantor's heirs, succ-_ _~'_ s and ,,-_~_ gns so long e.s any of t guaranteed Indabtednsse remains unpaid and even though the Indebtedness guaranteed may from time to time be zero dollars (SO.co). GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof, without notice demand and without lessening Guarantor's liability under this Guaranty, front time to time: (a) prior to rovocotlon as eat forth above, to me one or more eddltlonsi secured or unsecured loans to Borrower, to lease equipment or other goods to Borrower, or otherwise to exte additional credit to Bon'ower; (b) to alter, cornpromtee, renew, extend, accelerate, or othew/ise change one or more times the time payment or other terms of the Indebtedness or any part of the Indebtedness, Inclndlng Increases and docre-,__~es of the rate o! Interest on t Indebtedness; extensions may be repeated and may be for longer than the original loan term; (c) to take and hold sscurlly for the paymanl this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, ]'all or decide not to perfect, and rete-__-e_ any such sscur with or without the substitution of new collateral; (d) lo release, substitute, agree not to sue, or deal with any one or more of Borrows sureties, endorsers, or other guarantors on any terms or In any_manner Lender may choose; (e) to determine how, when and what appllcat o4-19-200o COMMERCIAL GUARANTY Loan No (Continued) Page of pay,~e~;i and c,-e~;;~ ~,'~a;; be m~e ~ ~ Indebt~ne~; (0 to ~ ~h ~u~ ~ dlr~ the ~er or ~ of ~ ~ Including without Ilml~on, ~ ~Judic~l ~e ~1~ ~ ~e te~a of the ~n~olllng ~d~ a~m~ ~ d~ of ~, u ~n~ In [ dl~retlon m~ det~lne; (g) lo ~1, tr~s~, ~gn, ~ ~t ~l~fl~a In all ~ ~ ~ of the In~bt~ne~ ~d (h) to ~ ( ~s~r ~is Gu~ In whole ~ ~ ~. G~R~TOR'S R~ES~A~ONS ~D W~IES. G~mnt~ ~n~ and wa~n~ to ~nd~ t~t (a) no ~n~fl~s ~ ag~men of any kind have b~n ~ to G~n~ wh~h would limit ~ qualiN in any way the te~s of th~ G~en~ ~) th~ G~an~ is ~d Boffow~s ~u~t and not at the r~u~t of ~nd~ (c) Gu~ant~ h~ ~11 pow~, dght and authod~ to en~ into th~ G~an~ (d) the pm~ons thb Gu=an~ do not ~n~ with ~ ~ull In a de~ult und~ any agr~ment m o~ ins~me~ binding upon G~tm and do not r~ In a ~olaflc o; ~y law, ~ulafl~, coud d~ m ord~ appl~ble to G~ (e) G~nt~ ~ not and will not. Mthout ~ p~or ~n con~n/of sell, le~, ~gn, ~umb~, h~ot~, ~ansf~, ~ ot~ disp~ of ~1 ~ subs~fl~ly ~ ~ G~mnt~s ~, ~ a~ in~t th~in; (0 ~nd~s ~u~t, G~t~ ~ ~de to Lend~ fl~ and ~t in~aflon in f~ ~b~ to ~, and ~1 s~h fl~n~ which cu~nfly h~ b~n, and ~ ~ flnan~al i~flon which will be pm~d~ ~ ~nd~ is and will ~ ~e and c~ In ~ mat~ ~ am ~dy print the flnan~ condition of G~ntor ~ ~ the dat~ the flna~ in~fl~ is pro~d~; (g) no ~ a~ c~e h~ ~u~d G~t~s ~na~ ~andl~on ~ ~e da~ of the m~t ~nt flnan~ s~men~ pm~d~ to Lend~ and no ~nt h~ ~u~d which mated~y a~ ~ Gu~ant~s ~ ~on; (h) no ~aaon, ~m, In~aflon, admi~ p~ ~ ~mil~ a~on 0~udin~ th~ fm unpaid ~)~t G~n~ ~ pendl~ ~ th~te~; ~) ~ h~ ~de no ~n~aon to G~Nm ~ to ~e ~d~in~ c B~ and ~) Gu~t~ h~ ~bl~h~ ad~uate m~ of ~ning ~m Bo~ on a co~n~ng b~ in~a~n ~di~ B~ ananci~ condition. G~ntor ~ to k~ ad~ua~ info~ ~om s~h m~ ~ any ~, e~, ~ dmu~ wh~h might In any wa, aff~t G~ntods d~ und~ th~ G~n~, and G~ntm ~dh~ agr~ that Lend~ ~1 ha~ no obll~fion to d~ to G~ntor any ~ d~umen~ acquir~ by ~nd~ in the cou~ of I~ ~aflo~hip ~th Bo~ow~. GUAR~TOR'S WAI~S. ~t ~ probib~ by appl~le ~w, G~a~ w~ any ~ht to ~uim ~n~ (a) to confln~ lendi~ mo~ or ~end oth~ ~it ~ B~ow~ (b) to ~e any p~n~t, pratt, d~nd, or no~ of any ~nd, i~udi~ no~ of ~y nonpay~N of Ind~t~n.s or of ~y nonpayment ~ to a~ ~lla~, ~ no~ of any ~on ~ no~on on ~e p~ ~ B~, ~n~, any sum~, ~d~er ~ oth~ gu~ant~ In conn~on ~h ~e Ind~t~n~ ~ in conn~flon ~ t~ ~on of ~ ~ addiflo~ I~ ~ obl~aflo~; (c) to ~o~ fo; payment or to prod d~ m at o~ ag~nst a~ p~n, I~udlng Bow~ ~ any oth~ gu~nt~ (d) to p~ di~ agent ~ ~aust c~t~ h~d by ~d~ ~om ~, any ot~ g~mntor, m ~y ot~ pe~n; (e) to g~ no~ ~ t~ ~, fl~, and p!e~ ~ any publ~ ~ate ~ o~ pemo~ p~ ~ h~d by ~n~ ~m B~w~ ~ to comp~ ~th any o~ ~pl~ pr~o~ o~ t~ Unif~ Commemia] ~ffer~e; wha~v~.(0 ~ pumue any ~h~ mm~ w~hin ~nd~s p~ ~ (g} to commit any ~ ~ o~on ~ any kind, m at any fl~, with ~p~ to any Guarantor also wai~ any and ~1 ~h~ or de~ ~ by ~on of (a) a~ 'o~ action" ~ "an~e~ law ~ any o~ law w~h may prevent ~nd~ ~om bhang any a~on. I~udlng a ~m fm de~e~, a~ G~ntor, ~ ~ a~ ~nd~s ~mme~ment ~ co~flon of any fo~l~um ~flon, ~ffi~ jud~a~y m by ~ of a pow~ ~ ~e; (b) any ~on of ~m~ by ~n~ wh~h ~o~ m ~ e~ely eff~ Gu~nt~s sub~fion dg~ ~ G~nt~s ~h~ to p~ ag~nst B~w~ f~ ~mb~ent, i~udl~ without 0ml~flon, any I~ of dgh~ G~ntor may su~ by ~son of any ~w Ilmffi~, q~i~, or d~h~ ~ Indebted~; (c) a~ d~ill~ ~ offi~ d~ of B~, of e~ other gua~tor, ~ ~ aW oth~ ~on, ~ by ~ of the ~flon of B~s I~bili~ ~m any ~ w~, oth~ t~n payme~ in full in I~ tender, of the Ind~tedn~; (d) a~ ~ht to ~lm d~h~e of the In~b~n~ on t~ b~ ~ unj~ Imp~rment ~ any colla~ for the Indebtedn~; (e) any s~tu~ ~ Ilmi~flo~, if at a~ time any a~on ~ suit brecht by ~nd~ a~inst G~tm ~ comme~ t~ ~ ou~ndlng Indebted~ of Boffow~ to ~nd~ which is not b~ by any ap~ti~le s~tute of li~flo~; ~ (0 a~ ~ g~n to guamnl~ at ~w ~ equi~ oth~ than ac~ ~a~e~ and p~ ~ the Indebt~n~. If p~y~nt ~ made by B~, wh~ v~unt~N ~ other. ~ by any third p~, ~ the Ind~t~n~ and ~ff~ L~d~ is f~-~ to remit t~ amount of t~t ~nt to B~s ~t~ in ba~mp~ ~ to any simil~ p~on und~ any f~r~ ~ s~ bankmpt~ law or ~w for the ~ief of debt~, the Ind~n~ sh~l be ~ unp~d f~ t~ pu~ o~ enfor~ment of this Guarantor ~dh~ wai~ and ag~ not to as~d ~ ~m at any time any d~ons to the amount guamnt~d und~ this G~an~ for any ~im of setoff, countemlaim, count~ demand, r~oupment ~ simil~ dght, wheth~ s~h claim, de.nd or dght may ~ ~ed by the B~ow~, the Guaranty, ~ both. GUAR~OR'S UNDemANDING WI~ RESPE~ TO WAI~S. Gu~ant~ wa~n~ and agr~ that each of t~ w~vem ~t f~h abo~ ~ made with Gu~anto¢s full kn~ledge ~ i~ Ngn~ and consequ~ and t~t. un~ the ~mu~, the w~v~ ~e m~onable and not con~ to public p~ or law. If any such wai~ is det~mined to be con~ to any appl~ble law or public polio, s~h w~ shall be e~ve only to the e~ent p~iff~ by law or public pol~. L~D~'S RIG~ OF S~OFF. In addi~n lo all liens upon and dgh~ of ~toff against the mone~, ~ud~ or oth~ pro;~ of G~antor g~ to Lend~ by law, Lend~ s~l have, ~th ~p~t to Gu=anto¢s obligations to ~nd~ und~ tNs Gu~n~ and to the ~ent p~mifled by law, a contr~tu~ ~ud~ in~t in and a ~ht ~ setoff against, and G~rant~ h~eby a~. conve~, d~, pledge, and ~ans~m to ~nd~ att of GuarantYs dght, ~fle and lnt~t in and to, ~1 de~i~, mo~, ~fl~ ~d oth~ pmpe~ of Guarantor n~ ~ h~er in the p~e~on of ~ on de;~t with Lend~, wheth~ h~d in a ge~ or sp~al a~ount or d~it, wheth~ h~d j~nfly with som~ne el~, or wheth~ ~ for ~fek~ping or othello, ~uding however ~1 I~, ~h. and ~st a~oun~. Ev~ such ~ud~ intent and ~ht of ~toff may be ~sed without demand upon or no~ to Gu~tor. No s~ud~ int~t or dght of setoff shall be d~med to ~ve b~n w~ by any act or conduct on the pad of Lend~ or by aW n~l~t to e~e such dght of setoff or to enforce such ~ud~ intent m by any delay in so doing. Eve~ dght of setoff and s~ud~ inter shall continue in ~11 fo~ and e~t until such dght of setoff or s~ud~ Inter~t is spicily waN~ or released by an ins~ment in ~fing ~uted by ~nd~. S~ORDINATION OF BORROW~'S D~TS TO GUARA~OR. Guarant~ ag~ t~t the Ind~t~n~ of Boffow~ te Lender, wheth~ now ~isflng or hereafter create, shall be pflor to any claim that Guarantor may now ha~ = hereaff~ acquire against B~ower, whether or not Bowow~ b~om~ ins~vent. Gu~antor h~by ~s~ subordinat~ a~ ~m Gu~antor may have against B~ower, upon any a~ount whacker, to any claim that Lender may now or h~afl~ ~ve against Boffower. In the event of Ins~ven~ and con.quant liquidation of the ~e~ of through bankrupts, by an ~slgnment for the benefit of ~t~, by v~unt~ liquidation, or o~i~, the a~ o~ Bo~ower appfi~ble to the payment of the clai~ of both Lender and Gu=antor sh~l be paid to Lender and sh~l be flint appli~ by Lender to the Ind~t~n~ of Bowower to Lender. Guarantor d~ h~eby ~sign to Lend~ all claims which it may ~ve or ~uire ag~n~ B~ower ~ against any a~ign~ or tms~ in bankrup~y of Boffow~; pro~ded howler, that such e~ignment shaa be afl.five onN for the pu~ of ~sud~ to Lend~ ~11 payment in I~al tender of the Indebtedn~. If ~nd~ so requests, any not~ or credit agr~n~ now or h~eaffer e~den~ng a~ d~ or obligations of Boffower to Guarantm sh~l be ms.ed with a I~end that the same ~e subj~t to this Guaran~ and shall be d~i~d to Lender. Guarantor ag~, and Lend~ hereby is authod~d, in the name of Guarantor, ~om time to time to ~ute and file financing, s~temen~ ~nd continuation statemen~ and to ex.ute such oth~ d~umenls and to take s~h other actions ~ Lender d~ms n~essa~ or appropriate to p~t, pmsewe and enfome i~ dghts und~ this Guarani. MISC~ANEOUS PROVISIONS. ~e following mi~ellaneous pro~sions ~e a pa~ of this Guarani: Amendments. This Guarani. t~alhar with any Relafad ~timen~. conRtiflffa~ fha anfira undamtandinn and ~ra~manf ~{ fha ~e~e ee f~ fha 04-19-20.00 Page Loan No COMMERCIAL GUARAN'~ (Continued) matters set forth in this Gueranty. No altoration of or amendment to this Gueranly shall be effective unless given in wnting and signed by the pa or parties sought to be charged or bound by the alteration or amendment. Applicable Law. This Guaranty has been delivered to Lender and accepted by Lender in the Commonwealth of Pennsylvania. If there is lawsuit, Guarantor agrees upon Lender's request to submit to the jurisdiction of the courts of CUMBERLAND County, Commonwealth Pennsylvania. Lender and Guarantor hereby waive the dght to any jury trial in any sctton, proceeding, or counterclaim brought by either Lender Guarantor against the other. This Guaranty shall be governed by and construed in accordance with the laws of the Commonwealth Pennsylvania. Atlorneys' Fees; Expep_~e__~_ Guarantor agrees to pay upon demand all of Lender's costs and expenses, including attorneys' fees and Lende~ legal expenses, incurred in connection with the enforcement of this Guaranty. Lender may pay someone else to help enforce this Guaranty, ar Guarantor shall pay the costs and expenses of such enforcement. Costs ;,nd expenses include Lender's affomeys' fees and legal expens~ whether or not there is a lawsuit, including afforneys' fees and legal expenses for bankruptcy proceedings (and Including efforts to modify vacate any automatic stay er injunction), appeals, and any anticipated post-judgment collection senses. Guarantor also shall pay all coud cos and such additional fees es may be directed by the court. Notices. All notices required to be given by either party to the other under this Guaranty shall be in wrtithg, may be sent by talef,__r~_!rntle (unle~ othe~vise required by law), and, ~ for revocation notices by Guarantor, shall be effective when actually delivered or when deposited with nationally recognized overnight courier, or when deposited In the United States mall, flint class postage prepaid, addressed to the party to who~ the notice is to be given at the address shown above or to such other addresses as either party may designate to the other in wntthg. revocation noticas by Guarantor shall be in wdting and shall be effective only upon delivery to Lender u provided abm,'e in the section title "DURATION OF GUARANTY.' If there is more than one Guarantor, notice to any Guarantor will consflflJta notice to all Guarantors. For notlc purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. Interpretsflon. In all cases where there Is more than one Bon'ower or Guarantor, then all words used In this Guaranty in the singular shall b deemed to have been used in the plund where the context and construditon so require; and where there is more.then o,",e Borrower named In Ihi Guaranty or when this Guaranty is executed by more than one Guarantor, the words ~O~TOWe~ and "Guarento~' r__~=~,adiively shall mean all an any one or more of them. The words "Guarantor," "Borrower," and "Lender' include the heirs, successors, essigns, end transferees of eech them. C~ptlon headings In INs Guaranty ere for convenience purposes only and ere not to be used to interpret or define the provisions of thi Guaranty. If a court of competent Jurisdiction finds any provision of this Guarenty to be invalid or unenforceable as to ;~y person or circumstance such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances, end all provisions of this Guarani in all other respects shall remain valid and enforceable. If any one or more of Bon'ower or Guarantor ere comoratlons or parlnsrshlps, it Is nc nec-_~_~ry for Lender to inquire Into the powers of Borrower or Guarantor or of the officers, directors, perlnsrs, or agents acting or purporting to se on their behalf, and any Indebtedness made or created in reliance upon the prof-'-,:,~.~<l exercise of such powers shall be guaranteed under Guarenly. Waver. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lends No delay or omission on the part of Lender in exercising any right shall operate u a waiver of such right or any other right. A waiver by Lender a provision of this Guaranty shall not prejudice or constitute a waiver of Lender's right other#tse to demand strict compliance with that provision c any olher provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute waiver of any of Lender's rights or of any of Gueranto~s obligations as to any future Ire .r~e__cflons. Whenever the consent of Lender is require under this Guaranty, the granting of such consent by Lender in any instenos shall not constitute continuing consent to subsequent instance where such consent is required and in ell cases such consent may be granted or withheld in the sole discretion of Lender. LIMITE~ RECOURSE AS TO NON-APPI. lCANT SPOUSE. Notwithstanding anything contained herein to the contrery, it is agreed that, unless a exception to the requirements of Regulation B of the Board of Governors of the Federal Reserve System applies In connection with the extension of th Indebtedness and the execution of this Guaranty, the spouse who is deemed not to be the "applicant for credil" for purposes of such regulation (Ih "Non--Applicant Spouse") shall be pemonally liable under this Guaranty only with respect to assets held jointly as of the date hereof or hereaff; acquired, and the lien of any judgment, order or other relief against the Non--Applicant Spouse shall be limited thereto. Nothing herein, however, she limit the Lender's rights against any person, firm or entity other than the Nan-Applicant Spouse. FINCANClAL INFORMATION - GUARANTOR. GUARANTOR SHALL DELIVER OR CAUSE TO BE DELIVERED TO LENDER NOT LATER THAN 12 DAYS N-i~-R THE CLOSE OF EACH CALENDAR YEAR: (A) A COPY OF THE FEDERAL INCOME TAX RETURN FILED BY GUARANTOR, WHICH TA RETURN SHALL BE A TRUE AND COMPL=~- COPY OF THE RETURN FILED BY GUARANTOR WITH THE INTERNAL REVENUE SERVICE; AND (E AN UPDATED PERSONAL FINANCIAL STATEMENT OF GUARANTOR. IN ADDITION, LENDER MAY REQUIRE ADDITIONAL FINANClA INFORMATION FROM TIME TO TIME AS REASONABLY REQUE$ CONFESSION OF JUDGMENT. GUARANTOR HEREBY iRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR TH PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY 'nME FO GUARANTOR AFTER A DEFAULT UNDER THIS GUARANTY, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS ENTER JUDGMENT AGAINST GUARANTOR FOR THE ENTIRE PRINCIPAL BALANCE OF THIS GUARANTY, ALL ACCRUED INTEREST, LAT CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING TH INDEBTEDNESS TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION C TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLFCTION, BUT IN ANY EVENT NOT LESS THA FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; ANO FO SO DOING, THIS GUARANTY OR A COPY OF THIS GUARANTY VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORIT GRANTED IN THIS GUARANTY TO CONFESS JUDGMENT AGAINST GUARANTOR SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF TH~ AUTHORITY, BUT SHALL CONTINUE FROM TiME TO TiME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THI GUARANTY. GUARANTOR HEREBY WAIVES ANY RIGHT GUARANTOR MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH AN SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTiCE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT T EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATiVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION C JUDGMENT PROVISION TO GUARANTOR'S ATTENTION OR GUARANTOR HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ N...L THE PROVISIONS OF THIS GUARANTY AND AGREES TO IT TERMS. IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AN DELIVERY OF THIS GUARANTY TO LENDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SE"r FORT IN THE SECTION TITLED "DURATION OF GUARANTY." NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARAN1 EFFECTIVE. THIS GUARANTY IS DATED APRIL 19, 2000. THIS GUARANTY HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. GUARANTOR: 04-19-2000 COMMERCIAL GUARANTY Page , Loa~ ~No (Continued) A ~::,:.::. ) X~~'.~):"% ' ~'*'-"~"; '- ~;;' ' .... ' ~ ~ ' :~= ~ L ~0~ ~TINA J. ~0~ ~ ........ INDIVIDUAL ACKNOWLEDGMENT ) ) 88 ) undemigned Notary Public. persun~ appeared STEVEN L BLOSER ~ MAR'FINA J. I~.OSER, known to me (or satisfactorily proven) to he th 13resort whose name~ are subscribed to the within instrument, and acknowledged that they exanuted the same for the purloosas therein contained. In wltneaa wltemof, I hereunto ~let my Iland m~l offlc~l Notary Public in and for tho State of. LASER PRO. Reg. U.~. Pat. & T.M. CIr., Var. 3.29 (C) COn~,,,,,;~ ~.~ 2000 Alli;~,[= f,=i...e~L [PA-E20 BLOSER3.L N C32.OVL] Notmtal Seal Chatfono M, Shearer. Notary Public Carlisle Boro. Cumberland County My Commission Expires Feb. 10. 2003 Member, Fennsytvania Association of Notaries DISCLU ,..,RE FOR CONFESSION Ch...JDGMENT References In the sheded are~ me for Lender's use onl~ and do not limit the epplicabllib/of this document to er~ particular Io~n or Item. Guarantor: Borrower: ,COSER BROTHERS (TIN: 251758013) 150 BARNS'TABLE ROAD CARLISLE, PA 17013-742O STEVEN L. BLOSER and MARTINA J. BLOSEFI 15O BARNSTABLE ROAD CARLISLE, PA 17O13 Lender: PNC BANK, NATIONAL ASSOCIATION 4242 CARLISLE PIKE CAMP HILL, PA 17001.8874 DISCLOSURE FOR CONFESSION OF JUDGMENT A. I UNDERSTAND THAT THE GUARANTY CONTAINS A CONFESSION OF JUDGMENT PROVISION THAT WOULD PERMIT LENDER TO ENTER JUOGMENT AGAINST ME IN COURT, AFTER A DEFAULT ON THE GUARANTY, WITHOUT ADVANCE NOTICE TO ME AND WITHOUT OFFERING ME AN OPPORTUNITY TO DEFEND AGAINST THE ENTRY OF JUDGMENT. IN EXECUTING THE GUARANTY, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND TO A HEARING TO CONTEST THE VAUDITY OF ANY JUDGMENT OR OTHER CLAIMS THAT LENDER MAY ASSERT AGAINST ME UNDER THE GUARANTY, I AM KNOWINGLY, INT~ I 'GENTLY, AND VOLUNTARILY WAWING THESE RIGHTS, INCLUDING ANY RIGHT TO ADVANCE NOTICE OF THE ENTRY OF JUDGMENT, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S ENTERING JUDGMENT AGAINST ME BY CONFESSION AS PROVIDED FOR IN THE CONFESSION OF JUDGMENT PROVISION. B. I FURTHER UNDERSTAND THAT IN ADDITION TO GIVING ' ~=NDER THE RIGHT TO ENTER JUDGMENT AGAINST ME WITHOUT ADVANCE NOTICE OR A HEARING, THE CONFESSION OF JUDGMENT PROVISION IN THE GUARANTY ALSO CONTAINS LANGUAGE THAT WOULD PERMIT LENDER, Ai-ir.~ ENTRY OF JUOGMENT, TO EXECUTE OR THE JUDGMENT BY FORECLOSING UPON, ATTACHING, LEVYING ON, TAKING POSSESSION OF OR OTHERWISE SEIZING MY PROPERTY, IN FULL OR PARTIAl. PAYMENT OF TIE JUDGMENT. HOWEVER, LENDER MUST PROVIDE NOTICE TO ME UNDER APPLICABLE LAW IN EXECUTING ANY CONFESSED JUDGMENT. IN EXECUTING THE ~, BEING FULLY AWARE OF MY RIGHTS TO ADVANCE NOTICE AND A HEARING Ai-tr.~ JUDGMENT IS ENTERED AND BEFORE EXECUTION ON THE JUDGMENT, I AM KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVING THESE RIGHTS, AND I EXPRESSLY AGREE AND CONSENT TO LENDER'S EXECUTING ON THE JUDGMENT, IN ANY MANNER PERMI'¥ I'r.O BY APPLICABLE STATE AND ~-,-,,ERAL. LAW. C. At-ir..H HAVING READ AND I)I;-'/'r.~MINED WHICH OF THE FOLLOWING STATEMENTS ARE APPUCABLE, AND BY PI.ACING MY INITIALS NEXT TO EACH STATEMENT WHICH APPLIES, I REPRESENT THAT: INITIALS ~ 1. I WAS REPRESENTED BY MY OWN INDEPENDENT LEGAL COUNSB. IN CONNECTION WITH THE GUARANTY. '--~"~'~ d ~ 2. A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THE CONFESSION JUDGMENT PROVISION IN GUARANTY TO MY Aiir. NTlON. D. I CERTIFY THAT MY ANNUAL INCOME EXCEEDS $10,000; THAT THE BLANKS IN THIS DISCLOSURE WERE FII~k-D IN WHEN I INITIALED AND SIGNED IT; AND THAT I RECEIVED A COPY AT THE TIME OF SIGNING. THIS DISCLOSURE HAS BEEN SIGNED AND SEA/. aY THE UNDERSIGNED. AFFIANT: STEVEN L. BLOSER MARTINA J. BLOSE~ LASER PRO, Reg. U.S. Pat. & T.M. Off., Vet. 3.29 (C)Concentrex 2000 All rights reserved. [PA-D30 BLOSER3.LN C32. OVL! , PROMISSORY NOTE :: .z.>z.".'z-~-.z.'.~:~=~..=~,~"~.:::f::-:.z.. ~:=~:~:~>z~::i:~:.z~::::~`zz~:zz.:~::~:~:z.~:.:.z~z~2x~=~:~:~:.~':'zz'z ':~;~::::Z~: :::::::::::::::::::::::::::::::::::::::::::::::: :z.~. :-z~. ::: :::::::., :::zZ:~: ~.z. ~ ,=~.z.:z~z-z.:...:~.:~:~.z:~::::~ ::~:~z.~: ~{Z~;: eteranc~ m the shaded area a~ for L~,,u~, s uae only and do not limit the appl{cab{l{~ o{ this d~ument to any pa~culer Io~n or item. Borrower: BLOSER BRO~S ~IN: 2~1758013) Lender: PNC BANK, NATION~ ASSOCIATION lS0 BARNST~E ROAD 4242 C~I~E PIKE CA,ISLE, PA 1701~ CAMP HI~, PA 1~01~874 Principal Amount: $40,000.00 Initial Rate: 8.750% Date of Note: April 30, 1999 PROMISE TO PAY. BLOSER BROTHERS ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawful money of the United States of America, the principal amount of Forty Tho,_,_e,~_nd & 00/100 Dollars ($40,000.00) or so much ee may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: Borrower will pay regular monthly payments of accrued Interest begtenteg MAY 31, 1999, and all subsequent Interest payments are due on the last day of each month after that. Borrower will pay this loan In one payment of ail outstanding principal plus all accrued unpaid Interest on the'F, xplrstlon Date. Borrower may borrow, repay and rehorrow hereunder until the Expiration Date, sublect to the terms and conditions of this Note. The "Explrstten Date" shall mean MARCH 19, 2000, or such later date as may be designated by written notice from Lender to Borrower. Borrower acknowledges and agrees that in no event will Lender be under any ohllgatten to extend or renew the loan or this Note beyond the initial Expiration Date. In no event shall the aggregate unpaid principal amount of advances under this Note exceed the lace. amount of this Note. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of Ihs annual interest rate over a year of 360 days, multiplied by the outstanding p~incipal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in wdling. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from lime to fimebased on changes in an index which is the Lender's prime rate (the "Index"). The index is a rate per annum as publicly announced by Lender from time to time as its prime rate. The pdme rate is not tied to any external rate or index and it does not necessarily reflect the lowest rate of interest actually charged by Lender to any particular class er category of customers. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The interest rate change will not occur more often than each day. The Index currently te 7.750% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be st a rate of 1.~0 percentage point over the Index, resulting in an Initial rats of a.750% per annum. NOTICE: Under nc circumstances will the interest rate on this Note be more th~n the maximum rate allowed by applicable law. PREPAYMENT. Borrower may pay without penalty all or a portion of the amount owed earlier then it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. LATE CHARGE. If a payment is 19 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $100.00, whichever is leas. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, secudty agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may matedaJly affect any of Borrower's property or Borrower's ability to repay this Note or perform Sorrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any maladal respect either now or at the time made or furnished. (e) Any partner dies or any of the partners or Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency taws. (f) Any creditor tdes to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment cf any of Borrower's accounts with Lender. (g) Any of the events described in this default section occurs with respect to any general partner of Sorrower or any guarantor of this Note. (h) A material adverse change occurs in Sorrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and ail accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the variable interest rate on this Note to 6.000 pemenlage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there {sa lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (inc{uding effods to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the fnterest rate applicable to this Note at the lime judgment is enter{~d. This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there Is a lawsuit, Borrower agrees upon Lender's request to submit to the Jurisdiction of the courts of CUMBERLAND County, the Commonwealth of Pennsylvania. Lender and Borrower hereby waive the right to any Jury trial In any action, proceeding, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IF~ and Keogh accoums, and all trust accounts for which the grant of a secudty interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by ~ Mortgage dated April 30, 1999, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania, all the terms and conditions of which are hereby in~,.grporated and made a part of this Note. 0~.30-1999 PROMISSORY NC) rE . P;;ge Loan No (Continued) LIllE OF CREDIT. Th~ Note evidences a revolving line of credit. AdvanCeS under t~$ Note may 10e requested orally by Borrower or by an authorized parson. Lender may, but need not, require that ali oral requests be confirmed In writll~]. All communicationS, IrtStmctions, or directions ~oy telephone or o~herwise to Lender are to be directed to Lender's office shown above. The following t~erty or parties ere authorized to request advances under the line of credit until Lander receives from Bonower et Lender's address shown above wdttec notice of revocation of their authorily: STEVEN L. BLOSER end TOMMY L. BLOSER. Borrower agrees to he Ilel3te for NI sums eithec. (a) advanced ir~ accordance with the instructions of an authori,'~d person or credited to any of Borrower's accounts with Lender. The unpaid principal balance ow ing on this Note at any time may k~e evidencep by endorsements <:n Ibis Note or by Lender's irf~rnal records, tnc~,do'thg daily computer print-outs. Le~der will have no obligation to advance funds under this Note if:. (~l) Borrower Or any guarantor s in detaull under the terms of this Note or any agree;w~nt that Bor~ov/er or any guarantor has with Le~der, including any agreement matte tn connection with tim signing of this Note: (b) Borrower or any guarantor ceases doing business or is insolvent; (c) any guarantor seeks, claims or olherwtse attem~3ts to limit, mo(lily or revoke such guarantor's guarantee of this Note or any other loan with Lam:tar: or (d) Borrower I'as applie~t funds provide(l pursuant to this Note for purposes other than those authO'tzed by Lender. (3.EANUP PROVISION. Borr<~wer ~cknowiedges and agrees that prior to the Expirati:3n Date and annually thereafter if the Expire, lien Date is ~ix~a~ndecl, ~*JI amounts borrowed under the line of credit hereunder must be repaid in full so that there is no outstandklg ~dnolpal balance for a period of at least .'.~ consecutive days. YEAR 2000 COMPtJANCE. Borrower has reviewed the areas within its bus~neas and operations which could be a, dve~lly affected by, end has developed or is developing a pre]rem to addrees on a ~tmety bes~ the risk that certain computer ~pOttCaliorls used by Borrower may be unabJe to ~ecognize end perform prol3e~y del,= :.,-~s~ functions involving dates I:)rtor tO and after December 31, 1~'~3 (the "Y~ ~:X30 I:h'~01ern"). The Year 1~00 Prololem will not result, and ia not reasonmbly eXl3~lcted k~ result, in any matmlaJ adverse efteot on the business, properl~s, assets, financial ~:ondttion, results of ckoam~on:.~, or prospects of Borrower, or the ability of Borrower to dub/and punctually pay or perform its obllgetfons ha~eunder end ,Jnclet the Retetecl Documents, "4OTICE OF DEMAND. Upo~ sixty (601 days p~or wntten nol~ce to Borrows', LendEr may at any time, with or without cause, demand full payment of ;he outstanding pdnolpet balance of this Note, ail accrued and unpaid interest on the balance, end all other amounts due in accordance with the '~t this Note or any other documents executed in connection with this Note. UnMan; Lender's notice provided otherwise, Lender will h~ve no luther ot~ligetlon to make any new icons to Bon'ower. Termination under this paragraph will not affect any loans evidenced by this Nott advanced lo. ore the eM, ts on the termination notice, if Lender obncsea, at its sole optio~, to make advert=es after giving such notice, Bonower agrees that any such loans shall be evidenced I~/this Note, PRIOR NOTE. This Note am,~nds end restates, and is in sul~$titution for, · Note in tl'e principal amount of $20,0(]0.00, t~aya/ole to Lender, dated March 19, 199~ (the "Original Note'). However, without duplication, this amended and restated Note shall no~ cortstitute it. novation and shell in no way extinguish Borrower's oDIIgalton to repay eli lndebte~tnees evidenced by the Original Note. Nothing herein is intended to impair the ladority or effect of any mortgage with respect to the Borrower's obligations hereunder and under any oiler document reteting hereto. GENERAL PROVISIONS. Lander may de;ay or forgo enforcing any of its rights or remedies under this Note without k:~ng them. Borrower and any ott'~r person who signs, guarentoes or endorses ttfis Note, to the extent allowed by t;.w, waive ;)resentment. demand for payment, ~rotest and notice ot disr~onor. LIioon any change in the terms of this Note, and untess otherwise expresstV stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be releese<:J from Ilablllly. Nt si. ch parties agree that Lender may renew or extend (repeatedly encl for any length of tinle) this loan, or release any party, partner, or gLlerantor or coltstm;.I; or in.air, ~ to realize upon or pedeot Lender's securtb/interest in the collateral; and take any other action deemed rteceesm'y by Lerner without tt-e consent of or notice to anyone. AJI such ~ also egme that Lender may mo(li~ ti~s icon without the consent of or notice to anyone other than the perry with whom the modification is made, ff any ;)ortion of this Note is ~ shy reaso~ determine(l to t~e unenfoft~a_ hie, it will not affect the entorce~)illty of any Other Drovisfons of this No~. CONFESSION OF JUDGME~tT. SORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY A1TORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME. FOR SORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WIT]-IOUT COMPLAINT FILED, ~S OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAIN~I' BORROWER FOR THE ENTIRE PRINCIPAL EALANCE OF THIS NOTE, ALL ACCFIUED iNTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCE-D BY LENDER RELATING TO ANY COLLATERAL S-~CURING THIS NOTE TOC-.-.-.-.-.-.-.-.-~THER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATI'ORNEY'S COMN, ISS1ON OF TEN PERCENT (I0%) OF THE UNPAID PRINCIPAL EALANCE AND ACCRUED iNTEREST FOR COtLFCTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS (~d~00) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMECIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THiS NOTE VERIFIED BY AFFIC,AVIT SHALL BE SUFFICIENT WARRANT. THE AU:rHORITY GRANTED IN THIS NOTE TO CONFESS jUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THA" AUTHORITY', BUT ~HALL CON'I'INUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAiVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING iN CONNECTION WiTH ANY SUCH CONFESSION OF JUDGMENT, EXCEFT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXEC::UTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATiVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION *:~F JUDGMENT PROVISION TO BORROWER'S Al ft:NTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISaONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECE'tPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN aIGNED AND SEALED BY THE UNDERSIGNED. SORROWER: BLOSER BROTHERS PROMISSORY NOTE Rateraoc~ in the shad~::l aras are for La.rat's use onfy arid do not limit the ~"'lie,~ili~/of this do~utnent to ~ny padicui2;'i~;~l"or ii"r~: ............. "'] Borrower: BLOSER BROTHERS {TIN: 25.1758013) Lender: PNC BANK, NATIONAL ASSOCIATION 150 BARNSTABLE ROAD 4242 CARLISLE PIKE CARLISLE, PA 17013 CAMP HILL, PA 17001-8874 Principal Amount: $35,000.00 Initial Rate: 8.750% Date of Note: April 30, 1999 PROMISE TO PAY. BLOSER BROTHERS ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In lawful money of the United States of America, the principal amount of Thirty Five Thousand & 00/100 Dollars ($35,000.00) or so much as may be outstanding, together with Interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. PAYMENT. Borrower will pay this loan in accordance with the following payment schedule: Prior to the Conversion Date, Interest only shall be due and payal~le commencing on May 31, 1999, and continuing on the last day of each month thereafter until the Conversion Date, when al! accrued Interest shall be due and payable, with Interest calculated on the unpaid principal balance at the Index plus one percent (1.0%). From and after the Conversion Date, principal and Interest shall be due and payable In sixty (60) equal consecutive monthly Installments, each In an amount sufficient to fully amortize the outstanding balance of this Note over five (5) years, commencing on the last day of the month following the month In which the Conversion Date occurs, with Interest calculated on the unpaid principal balance at Lender's "as offered" fixed Interest rate. Any outstanding principal and Interest shall be due and payable in full on the fifth anniversary of the Conversion Date. The annual interest rate for this Note is computed on a 365/360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in wdting. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an index which is the Lender's pdme rate (the "Index"). The index is a rate per annum as publicly announced by Lender from time to time es its pdme rate. The pdme rate is not tied to any external rate or index and it does not necessarily reflect the lowest rate of interest actually charged by Lender to any particular class or catego~/ of customers. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans hued on other rates as well. The interest rate change will not occur more often than e~ch day. The Index currently Is 7.750% per annum. The Interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 1.000 percentage point over the Index, resulting In an Initial rate of 8.750% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by appllcahle law. PREPAYMENT PENALTY. Upon prepayment of this Note, Lender is entitled to the following prepayment penalty: On any business day, upon payment of all accrued unpaid interest on this Note, and upon five (5) business day's prior written notice to Lender, the Borrower may prepay all or part of the outstanding principal hereunder; provided, however, that If the repayment la maria during a Fixed Rate Period, the Borrower, where not prohibited by law, also agrees to pay Lender ss compensation for the cost of being prepared to advance fixed rate funds hereunder an amount equal to the Cost of Prepayment. "Cost of Prepayment" means an amount equal to the present value, if positive, of the product of (a) the difference between (I) the yield, on the beginning date of the Fixed Rate Period, of s U. S. Treasury obligation with a maturity similar to the Fixed Rate Period minus (11) the ylald on the prepayment date, of a U. S. Treasury obligation with a maturity similar to the remaining maturity of the Fixed Rate Pc, Hod, and (b) the principal amount to be prepaid, and (c) the number of years, Including frsctlonal years, from the prepayment date to the end of the Fixed Rate Period. The yield on any U. S. Treasury obllgstion shall be determined by reference to Federal Reserve Statistical Release H.15($19) "Selected Interest Rates". For purposes of making present value calculations, the yield to maturity of a similar maturity U. S. Treasury obligation on the prepayment date shall be deemed the discount rate. The Cost of Prepayment shall aisc apply to any payments made after acceleration of the maturity of this Note white s Fixed Rate Is in effect.. Except for the foregoing, Borrower may pay all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in wdfing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, they will reduce the principal balance due. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000% of the unpaid portion of the regularly scheduled payment or $100.00, whichever is less. DEFAULT. Borrower will be in default if any of the following happens: (a) Borrower falls to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower faits to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, secudty agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's propert~ or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the Related Documents. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any matedai respect either now or at the time made or furnished. (e) Any pmtner dies or any of the partners or Borrower becomes insolvent, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor tnes to take any of Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the events described in this default section occurs with respect to any general partner of Borrower or any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. Upon default, including failure to pay upon final maturity, Lender, at its option, may also, if permitted under applicable law, increase the vadable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceeaings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable taw, Borrower also will pay any court costs, in addition to all other sums provided by law. if judgment is entered in connection with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is entered. 04-30-1999' PROMISSORY NOTE page Lqan No (Continued) This Note has been delivered to Lender and accepted by Lender In the Commonwealth of Pennsylvania. If there i$ · lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of CUMBERLAND County, the Commonwealth of Pennsylvania. Lender and Sorrower heredy waive the right to any Jury trial In any action, proceedthg, or counterclaim brought by either Lender or Borrower against the other. This Note shall be governed by and construed In accordance with the laws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Sorrower grants to Lender a contractual security interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender all Borrower's right, title and interest in and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the futura, excluding however ail IRA and Keogh accounts, and all trust accounts for which the grant of a secudty interest would be prohibited by law. Borrower authorizes Lender, to the extent permitted by appllcable law, to charge or setoff all sums owing on this Note against any and all such accounts. COLLATERAL.. This Note is secured by a Mortgage dated April 30, 1999, to Lender on real property located in CUMBERLAND. County, Commonwealth of Pennsylvania, ell the terms end conditions of which are hereby incorporated and made a part of this Note. LINE OF CREDIT. This Note evidences a straight line of credit. Once the total amount of principal has been advanced, Sorrower is not entitled to furtl~er loan advances. Advances under this Note may be requested orally by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. All communications, instructions, or directions by telephone or otherwise to Lender are iD be directed to Lender's office shown above. The following party or parties are authorized to request advances under the line of credit until Lender receives from Borrower at Lender's address shown above written notice of revocation of their authority. STEVEN L. BLOSER and TOMMY L. BLOSER. Borrower agrees to be liable for ail sums either: (a) advanced in accordance with the instructions of an authorized person or (b) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internel records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note if: (a) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or :=ny guarantor has with Lender, including any agreement made in connection with the signing of this Note; (b) Borrower or any gueranter ceases doing business or is insolvent;, (c) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or eny other loan with Lender; or (d) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender. ADDITIONAL INTEREST RATE PROVISION. NIA. FEES. On the date of this Note, the Borrower shell pay to Lender a fee of $350.00. YEAR 2000 COMPLIANCE. Borrower has reviewed the areas within its business and operations which could be adversely affected by, and has developed or is developing a program to address on a timely basis the risk that certain computer epplications used by Borrower may be unable to recognize and perform properly date-sensitive functions involving dates pdor to end after December 31, 1999 (the "Year 2000 Problem"). The Year 2000 Problem will not result, and is not reesonably expected to result, in any matedai adverse effect on the business, properties, assets, finsnciel condition, results of operations or prospects of Borrower, or the abilify cf Sorrower to duly and punctuelly pay or perform its obligations hereunder and under the Related Documents. CONVERSION DATE. It is agreed that subject to the terms and conditions of this Note and other loan documents, advances under this Note may be requested until October 31, 1999, or until ail the funds are advanced, whichever occurS first. Amounts advanced and repaid may not be rsborrowed. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of ils dghts or remeclies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent ellowed by I~w, waive presentment, demand for payment, protest end notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in wdting, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shell be released from 118bility. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any pady, partner, or guarantor or coitsterel; or impair, fail to realize upon or perfect Lender's sacudty interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER A~ A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPLAINT FILED, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THiS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10%) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S At Ir~NTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. THIS NOTE HAS BEEN SIGNED AND SEALED BY THE UNDERSIGNED. BORROWER: BLOSEFtr~OTHERS STEVEN L. BLOSER, General Partner TOMMY L. ~LOSER, General Partner PROMISSORY NOTE J References in the shaded ~ are for Lender's use only and do not limit the appIIcabilil~/of this document to ~y p~ticuier loan or item. Borrower: BLOS~m BROTHE~S (TIN: 251758013) Lender: PNC BANK, NATIONAl. ASSOCIATION 150 BARNSTABLE ROAD 4242 CARLISLE PIKE CARLIm;, PA 17013-7420 CAMP HILL, PA 17001-4874 Principal Amount: $26,000.00 Initial Rate: 10.000% Date of Note: April 19, 200 PROMISE TO PAY. BI.OSER BROTHERS ("Borrower") promises to pay to PNC BANK, NATIONAL ASSOCIATION ("Lender"), or order, In tewfl. money of the United States of America, the pdncipei amount of Twenty Six Thousand & 00/100 Doltere ($211,000.20), together with Interest lite unpaid p~lncipal balance from April 10, 2000, until peel In full. PAYMENT. Borrower will pay thte ~ In one principal payment of $2li,200.00 pltm Interest on JenuanJ 31, 2001. Thte payment due Januer 31, 2001, will be for all I~incipel and ecoru~l Intereet not yet paid. In a~llflon, Borrower will pay regular monthly peymente of all ecorue~ unl~d Interest due a~ of each payment date, beginning May each month after thal. The annual interest rate for this Note is computed on · 365/360 basis; that is, by applying the ratio of the annual interest rat, over a year of 360 days, muitlplted by the outstanding princtl~l balance, multiplied by the actual number of days the principal balance is outstendin;;; Borrower will pay Lender et Lender's add _re~__~ shown obova or et such other place as Lender may designate in writing. Unless cihenvise agreed c required by appllcoble I~w, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpalc cdiieofton costs and late ch~gas. VARIABLE INTEREST RATE. The interast rate on this Note is subject to change from time to time based on changes in an index which is the Lender'. prime rate (the "Index"). The index is to any exfan~ rate or index sod it does not nac~_,lly reflect the lowest rate of interest actually charged by Lender to any I~;utlcuisr c;;~ or oatagoc of customem. Lander will tell Borrower the current Index rate upon Bon'ower's request. Borrower understands that Lender may make loans based or other rates as well. The interest rate change will not occur more often than each day. The Index currently te $.000% per annum. The Interest retl to be applied to the unpaid principal beten~e of thte Note will be at · rate of 1.500 percentage point over the Iodex, reanlting In an Inlbel rate o 10.000% per annum. NOTICE: Under no cimumsteoces will the interest rate on this Note be more than the maximum rate allowed by applloabie law. PREPAYMENT. Borrower may pay without penalty ell or · portion of the amount owed earlier than it is due. Early payments will not, unless agreed tc by Lender in wdting, relieve Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, they will reduce th~ principal balance due. LATE CHARGE. If a payment is 1S deye or more late, Bon'ower will be charged S.020% of the unpaid portion of Ihs regularly echeduted peymen or $100.00, whichever te DEFAULT. Borrower will be in default If any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks promise Borrcwer has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or cooditlo~ contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults unde any loan, extension of credit, secudty agreement, purchase or salas agreement, or any other agreement, in favor of any other creditor or pe~on the may materislly affect any of BO~Tower's prol~dy or Borrower's apillly to repay this Note or perform Borrower's obligations under this Note or any of th~ Related Documents. (d) Any representation or statement mede or furnished to Lender by Borrower or on Borrower's behalf is false or misleeding in eh, material respect either now or et the time made or furnished. (e) Any partner dies or any of the partners or Borrower becomes insoivant,· receiver appointed for any pert of Borrower's property, Borrower rnekas an assignment for the benefit of oreditom, or any proceeding is commenced either b' Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor bias to take any of Borrower's prcperiy on or in which Lends has a lien or security interest. This includes · garnishment of any of Borrower's accounts with Lender. (g) Any of the events d,~-c~ibed in this defau section occurs with respect to any general partner of Borrower or any guarantor of this Note. (h) A meter~ adverse change occurs in Bon'ower': financial condition, or Lender believes the prospect of payment or pe~ormance of the Indedtedneas is impaired. LENDER'S RIGHTS. Upon default, Leoder may, after giving such notices as required by applicable law, dectsre the entire unpaid principal balance o~ this Note and all ecorued unpaid interest ImmediaCy due, and then Bon'ower will pay that amount. Upon default, including failure to pay upon fin; maturity, Lender, at its option, may also, it permitted under applic~__hie laW, increase the vari-bie interest rate on this Note to 6.000 percentage point over the Index. The integer rate will not exceed the ma~mum rate permitted by applisabla law. Lender may hire or pay someone else to help toilet this Note it Borrower does not pay. Borrower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender' attorneys' fees and Leoder's legal expanses whether or not there is a lawsuit, including attorneys' fees end legal expenses for bankruptcy proceeding (Including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. If nc prohibited by applicabla law, Borrower also will pay any court costs, in addition to ell other sums provided by law. If Judgment is entered in connectio with this Note, interest will continue to accrue on this Note after judgment at the interest rate applicable to this Note at the time judgment is enterec This Note has been deflvered to Lender and accepted by Leoder in the Commonwealth of Pennsylvania. If there te · lawsuit, Borrower agree upon Lender's request to submit to the jurisdiction ot the courts of CUMBERLAND County, the Commonwealth of Pennsylvania. Lender an, Borrower hereby waive the right to any Jun/trtel In any action, proceedIng, or counterclaim brought by ciltler Lender or Borrower against th other. Thte Note sltall be governed by and constnJed In __,~'or_ danoa with the taws of the Commonwealth of Pennsylvania. RIGHT OF SETOFF. Borrower grants to Lender a contractual secudly interest in, and hereby assigns, conveys, delivers, pledges, and transfer; Lender all Borrower's dght, title and interest in and to, Borrcwer's accounts with Lender (whether checking, savings, or some other account), Inctudin without limitation ell accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA end Keog accounts, and ell trust accounts for which the grant of a security interest would be ~ohibitod by law. Borrower authorizes Lender, to the exter permiffsd by applicable law, to charge or satoff ell sums owing on this Note against any and all such accounts. COLLATERAL. This Note is secured by a Modgage dated .~oril 19, 2000, to Lender on real property Iocofad in CUMBERLAND Count' Commonwasith of Pennsylvania, NI the terms and conditions of which are hereby incorporated end made a part of this Note. YEAR 20oo COMPt. IANCE. Borrower has reviewed the areas within its business and operations which could be adversely affected by, and ha developed or is developiog a program to address on a timely basis the risk that certain computer applications used by Borrower may be unable I recognize and pedorm properly dst= :ensiflve functions invelving d-tas pdor to and after December 31, 1999 (the "Year 2000 Problem"). The Ye~ 2000 Problem will not result, and is not reasonably expected to result, in any matadal adverse effect on the business, properties, assets, flnenci. condition, results of operations or prospects of Borrower, or the ability of Borrower to duly and punctually pay or perform its obligations hereunder under the Related Documents. 04-19-2000 PROMISSORY NOTE Page 2 Loan No (Continued) GENERAL PROVISIONB. Lender rn~y elegy or forgo enforcing eny of its rights or remedis~ under this Note without I~ng them. Bon'ower ,,nd ''ny ot~er person who signs, gcemntees or endorses this Note, to the extent ~owed by isw, w,,Ive presentment, demend for p,,yment, proteM ~nd notice of dishonor. Ui~n =ny change in the terms of this Note, ~nd unisys otherwise expre~dy steted ;n writing, no p~ty who signs this Note, whether ~s m~k~, {~u~r~ntor, ~ccomm~ist~on m~k~- or en¢~ser, shell be ndeesed from Ilebility. All such pmltes egrse thet Lendor rn~y renew or extend (repe~todly .,nd tot sny length of time) this loon, or release ~ny p~'~, pmtner, or gu~r,~ntor or cotleteml; or imp~r, f~l to realize upon or perfect Lender's __~cudty interest in the coil''feral; ~d t~ke ''ny other ;~-'~on deemed necessary by Lender without the consent of or nut~e to onyone. All such p~rties ''lso egrse th''t L~oder n~y modify this Io~n without the consent of or nofJco to ''nyone other th~n the p~-ty with whom the mo~ifficeUon is mede. If any po~on of this Note is for shy reason dete~ined to be unenforceable, It will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TIME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE, AND WITH OR WITHOUT COMPt. AINT FII ;n, AS OF ANY TERM, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST, LATE CHARGES, AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THIS NOTE TOGETHER WITH INTEREST ON SUCH AMOUNTS, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEY'S COMMISSION OF TEN PERCENT (10~) OF THE UNPND PRINCIPAL BALANCE AND ACCRUED INTEREST FOR CO~ t ;CTION, BUT IN ANY EVENT NOT LESS THAN FIVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE E~<ECLrTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY N=FIDAVlT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED IN THIS N<J/,- TO CONFESS JUDGMENT AGNNST BORROWER SHAU. NOT BE EXHAUS't'i~L~ BY ANY EXERCISE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT IN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT SORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT, EXCEPT ANY NOTICE AND/OR HEARING REQUIRED UNDER APPLICABLE LAW WITH RESPECT TO EXECUTION OF THE JUDGMENT, AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S Al ~-NTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD AU. THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMIR.ETED COPY OF THE NOTE, THIS NOTE HAS BEEN SIGNED AND SEAL.ED BY THE UNDERSIGNED. BORROWER: Single Ply. LASER I=~O, Reg. U.S. Pat. & T.M. Off., Var. 3.29 (C) Ooncentrex 2000 All rights relr~e;I. [PA-D20 BLOSEfl3.LN C32.OVL] PNC BANK, NATIONAL ASSOCIATION, Plaintiff STEVEN L. BLOSER AND MARTINA J. BLOSER A/K/A MARTINA BLOSER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : : CIVIL ACTION - LAW VERIFICATION I, Eric Krimmel, Vice President, for PNC Bank, National Association, being authorized to do so on behalf of PNC Bank, National Association, hereby verify that the statements made in the foregoing pleading are tree and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: c//[g ~2' By: PNC BANK, NATIONAL ASSOCIATION Eric Krimmel Vice President Steve Guaranty PNC BANK, NATIONAL ASSOCIATION Plaintiff Vo STEVEN L. BLOSER AND MARTINA J. BLOSER A/K/A MARTINA BLOSER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : . . : CIVIL ACTION- LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of PNC Bank, National Association, Plaintiff in the above captioned matter. Respectfully submitted, SAIDIS, SHUFF, OWER & LINDSAY By: K a/fl 1~. Le~ebohm, Esquire Sfipreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff Steve Guaranty PNC BANK, NATIONAL ASSOCIATION Plaintiff STEVEN L. BLOSER AND MARTINA J. BLOSER A/K/A MARTINA BLOSER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION- LAW AFFIDAVIT OF NON-MILITARY SERVICE TO THE PROTHONOTARY: I do certify, to the best of my knowledge, that the Defendants, Steven L. Bloser and Martina J. Bloser a/k/a Martina Bloser, in the above-captioned action are not presemly on active or nonactive military status. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Kartq~. Ledebohm, Esq~fiire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Steve Guaranty PNC BANK, NATIONAL ASSOCIATION Plaintiff STEVEN L. BLOSER AND MARTINA J. : BLOSER A/K/A MARTINA BLOSER, : Defendants : CERTI~CATE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW OF ADDRESSES I hereby certify that the precise address of Plaintiff, PNC Bank, National Association, is 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011; that the last known address of the Defendants Steven L. Bloser and Martina J. Bloser a/k/a Martina Bloser is 150 Bamstable Road, Carlisle, Pennsylvania 17013. Date: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By: /l¢~rl M. Ledebohm, Esquire~ Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff Steve Guaranty PNC BANK, NATIONAL ASSOCIATION, Plaintiff STEVEN L. BLOSER AND MARTINA J. BLOSER A/K/A MARTINA BLOSER, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2058 : CIVIL ACTION - LAW PR A F,C, IPE TO THE PROTHONOTARY: Please mark the judgrnem entered in the above-captioned action satisfied. Date: Respectfully submitted, SAI9IS, SHUFF, ~,~OWER & LINDSAY xt ID #59012 2109 Market gtreet Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff