<![CDATA[Change in Terms of the Business Loan Agreement between MDS Energy & Gateway Bank]]>



 Exhibit 10.9 

CHANGE IN TERMS OF THE 
 BUSINESS LOAN AGREEMENT 
 DATED JUNE 6, 2011 

BETWEEN 

MDS ENERGY DEVELOPMENT, LLC 
 AND 
 GATEWAY BANK OF PENNSYLVANIA 








			
	CHANGE IN TERMS AGREEMENT	  	 Gateway Bank of Pennsylvania
 3402 Washington Road
 McMurray, Pennsylvania 15317-2907

(724)969-1010


  
  

									
	LOAN NUMBER	  	LINE OF CREDIT LIMIT	  	CURRENT LINE OF
CREDIT
BALANCE	  	ORIGINAL AGREEMENT
DATE	  	AGREEMENT 
CHANGE
DATE
	0000401-0001	  	$1,000,000,00	  	$188,000,00	  	June 6, 2011	  	February 29, 
2012
	 DESCRIPTION OF THE EXISTING DEBT
(“Credit Line”)

	 Commercial line of credit with a limit of
$1,000,000.00.
 Maturity date of June 5, 2012.


 BORROWER INFORMATION 
 MDS Energy Development, LLC 
 409 Butler Road, Suite A 

Kittanning, PA 16201 

BORROWER. The term “Borrower” means each party identified above. 
 LENDER. The term “Lender” means Gateway Bank of Pennsylvania whose address is 3402 Washington Road, McMurray, Pennsylvania 15317-2907, its successors and
assigns. 
 COLLATERAL. The following items are the security documents related to this Agreement: 

 

	 	•	 	 Security Agreement dated June 6, 2011 evidencing security interest in Gateway Bank of PA Certificate of Deposit, Gateway Bank of
Pennsylvania # 2176 with a hold amount of $1,000,000.00. 


 TERMS AND PROVISIONS. In consideration of the promises
contained in this Agreement and in the instruments evidencing the Credit Line, and of other good and valuable consideration, the sufficiency of which is acknowledged by the execution of this Agreement, Borrower agrees to the following provisions:

  

	 	1.	The instrument evidencing the Credit Line is modified and supplemented as follows: 


Extend maturity date to December 31,2012. 
 Modification fee of $125.00 due at signing. 
 All other terms and
conditions to remain the same. 
  

	 	2.	Ratification and Continued Validity. Except for the terms expressly modified by this Agreement, by signing this Agreement Borrower acknowledges that Borrower is
still bound by the terms of the instruments and prior modifications, extensions, and supplements evidencing the Credit Line as if they were fully set forth and repeated in this Agreement and that those terms will continue to bind Borrower as
provided in this Agreement and those instruments. Lender’s consent to this Agreement does not waive the right to strictly enforce Lender’s rights under this Agreement or the instruments evidencing the Credit Linc. Lender’s consent to
this Agreement does not mean that Lender must enter into another agreement like this one in the future. Lender and Borrower intend that this Agreement does not replace the Credit Line but restates it as modified. 


 

	 	3.	Others Responsible for the Debt. Lender and Borrower intend that anyone else who is liable for the Credit Line, including, without limitation, cosigners,
guarantors, and coborrowers, are not relieved of any obligation except as expressly relieved in this Agreement or other writing. Borrower agrees that the liability of each person who signed the instruments evidencing the Credit Line, whether primary
or secondary, continues in full force and effect, even if that person does not sign this Agreement. This promise applies not only to this Agreement but also to any extension, modification, or other agreement Borrower makes with Lender that
represents a debt which includes cosigners, guarantors, coborrowers, and others having similar liability. Borrower understands that this Agreement is contingent on the continued liability of each person who signed the documents evidencing the Credit
Line, whether or not that person signs this Agreement. 

  

	 	4.	Pronouns and Gender. In this Agreement, whenever the circumstances or the context so requires, the singular shall be construed as the plural, the masculine shall
be construed as the feminine and/or the neuter and vice versa. 

  

	 	5.	Miscellaneous Terms. Borrower agrees that if Lender delays or forgoes enforcing Lender’s rights under this Agreement in any particular instance, Lender
retains the right to strictly enforce the same provision in any other instance, or later in the same instance. Every person signing this Agreement waives, to the extent allowed by law, presentment, demand, protest, and notice of dishonor. Every
person signing this Agreement agrees that Lender may renew, extend, supplement, or otherwise modify the debt represented by this Agreement and the documents evidencing the Credit Line without the permission of any other person who is liable, and
such modification will not release or reduce the liability of any party, even if that party does not sign this Agreement. 


  
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 ORAL AGREEMENTS DISCLAIMER. This Agreement represents the final agreement between the parties and may
not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. 
 By signing this Change In Terms Agreement, each Borrower acknowledges reading, understanding, and agreeing to all its provisions, and receiving a copy. 

MDS Energy Development, LLC 
  

							
		 	By:	 	MDS Associated Companies, Inc., Member	 	
			
		 	 /s/ Michael D. Snyder
	 	3/6/12
		 	By:	 	Michael D. Snyder 	 	Date
		 	 Its:
	 	President	 	

 By signing this Change In Terms Agreement, Lender acknowledges reading, understanding, and agreeing to all its
provisions. 
  

					
	Gateway Bank of Pennsylvania
		
	  
	 	
	By:	 		 	Date
	Its:	 		 	


  
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	AGREEMENT FOR SUBSTITUTION OF COLLATERAL	 	 Gateway Bank of Pennsylvania

3402 Washington Road
 McMurray, Pennsylvania
15317-2907
 (724)969-1010


  

					
	LOAN NUMBER	 	AGREEMENT DATE	 	  
	 0000401-0001
	 	February 29, 2012	 	 

 BORROWER INFORMATION 
 MDS Energy Development, LLC 
 409 Butler Road, Suite A 

Kittanning, PA 16201 
  

			
	 ORIGINAL COLLATERAL OWNER INFORMATION

		
	 David E. Snyder
 351
East Brady Road
 Kittanning, PA 16201
	 	 Sandra J. Snyder
 351
East Brady Road
 Kittanning, PA 16201


  

			
	SUBSTITUTE COLLATERAL OWNER INFORMATION
		
	 David E. Snyder
 351
East Brady Road
 Kittanning, PA 16201
	 	 Sandra J. Snyder
 351
East Brady Road
 Kittanning, PA 16201


 This Agreement for Substitution of Collateral (“Agreement”) is made by and between the Borrower and Lender on
the date shown above. This Agreement modifies the agreement between Borrower and Lender (“Original Agreement”) made on June 6, 2011. 
 The following collateral was pledged under the Original Agreement (“Original Collateral”): 
  

	 	•	 	 Deposit Account with the following description: Account #1595 with a hold amount of $1, 000,000.00, Gateway Bank of Pennsylvania



 Borrower and Lender acknowledge and agree that the collateral described below (the “Substitute Collateral”) shall
be substituted for and shall replace the Original Collateral described in the Original Agreement, and that the Substitute Collateral shall secure Borrower’s unpaid obligations under the Original Agreement. 

 

	 	•	 	 Deposit Account with the following description: Account #2176 with a hold amount of $1,000,000.00, Gateway Bank of Pennsylvania



 Borrower and Lender agree that the terms and provisions contained in the Original Agreement shall apply to the Substitute
Collateral, and that all provisions of the Original Agreement shall remain in full force and effect. Further, Collateral Owner authorizes Lender to file a conforming Financing Statement or other similar document to perfect Lender’s security
interest in the Substitute Collateral, agrees to execute any documents necessary for Lender to perfect Lender’s security interest or lien, and grants Lender a power of attorney to file or execute any document on Collateral Owner’s behalf
that is necessary to obtain or maintain a security interest in the Substitute Collateral. 
 ORAL AGREEMENTS DISCLAIMER. This Agreement
represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. 

By signing this Agreement for Substitution of Collateral, Borrower acknowledges reading, understanding and agreeing to all its provisions, and
receiving a copy of it. 
 MDS Energy Development, LLC 

					
		
	By:	 	MDS Associated Companies, Inc., Member
		
	 /s/ Michael D. Snyder
	 	3/6/12
	By:	 	Michael D. Snyder	 	Date
	Its:	 	President	 	


  
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 By signing this Agreement for Substitution of Collateral, Substitute Collateral Owner acknowledges
reading, understanding and agreeing to all its provisions, and receiving a copy of it. 
  

									
	 /s/ David E. Snyder
	 	March 9th 2012	 		 	 /s/ Sandra J. Snyder
	 	March 8th 2012
	David E. Snyder	 	Date	 		 	Sandra J. Snyder	 	Date
	Individually	 		 		 	Individually	 	


  
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