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HomeMy WebLinkAbout07-1016VS 07-1616 . l?ev ? n ?. ?cenneman arnc? K? m ?,ce?? emarl NOTE $10,000.00 Carlisle, Pennsylvania(p ,x007 (city) (State) 1. BORROWERS PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $10,000.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Thomas R. Kelchner and Linda Kelchner I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of eight percent (8.000%). The interest rate required by this Section 2 is the rate 'I will pay both before and after any default described in Section 6 (B) of this Note. 3. PAYMENTS (A) Time and Place of Payments. I will pay principal and interest by making payments every month. I will make my monthly payments on the 15th day of each consecutive month beginning on March 15, 2007. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on February 15, 2008, I still owe amounts under this Note, I will pay those amounts in full on Febraury 15, 2008 that date, which is called the "maturity date." I will make my monthly payments will at 441 N. Hanover Street, Carlisle, Pennsylvania, or at a different place if required by the Note Holder. (B) Amount of monthly payments My monthly payment will be in the amount of U. S. 869.89 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. Any payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be five (5%) percent of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all of the interest that I owe on that amount. That date must be at least thirty (30) days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses the Note If the Note Holder has required me to pay immediately in full as described above, Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law, those expenses include, for example, reasonable attorneys' fees. (F) And to secure the payment of said amount, I/We do hereby empower, authorize, irrevocably, any attorney of any Court of Record to appear for me in such Court, in term time or vacation, at any time hereafter, and confess judgment, without process, in favor of the holder of this Note, for such amount as may appear to be unpaid thereon, whether due or not together with costs, and to waive and release all errors which may intervene in such proceedings and to consent to immediate execution upon such judgment, with five (5%) percent attorney's fees charged; hereby ratifying and confirming all that my said attorney may do by virtue hereof (G) Waiver In executing this Note, We understand the transaction and knowingly and voluntarily waive our rights to contest the entry of this judgment against us in court, and do hereby consent to the entry of this judgment by confession. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at 1550 Holly Pike Carlisle PA 17015 or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment„ means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the Deed of Trust or Security Deed (the protections given to the Note Holder under this Note, a Mortgage, "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible loss which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in borrower is sold or transferred and borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise if prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give borrower notice of acceleration. The Notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which borrower must pay all sums secured by this Security Agreement. If borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND (S) AND SEALS) OF THE UNDERSIGNED. Witness: -4D _ r tTTA 44 Ki Brenneman --7A. Cl-I . x Ll D ? ? OJ N ? ty U- Q om , N ILA w g ? o ? b © r THOMAS . KELCHNER LINDA KE CHNER Plaintiffs vs. KEVIN D. RENNEMAN KIM BREN EMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-01016 Civil CIVIL ACTION PRAECIPE TO SATISFY satisfy the above referenced judgment. rt -- Susan J. Ha n, quire Attorney for Plaintiif- One Irvine Row Carlisle, PA 17013 717-249-7780 ? ? i ? -vim` e s v'. ? ?_ 4 _. ? ? ?? ?? ? 1