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HomeMy WebLinkAbout07-1831.41 0 PROMISSORY NOTE 7'x, 6 7. 1 P 31 C?? -77-- $176,251.84 Carlisle, Pennsylvania March a q , 2007 FOR VALUE RECEIVED, We, Robert G. Commerer, Jr. and Maxine J. Commerer of 200 Ott Road, Shippensburg, PA 17257, (Maker) intending to be legally bound, promise to pay to Jay R. Beidel of Beidel Nutrition Services, Inc., of 1720 Walnut Bottom Road, Carlisle, PA 17015, (Holder) the sum of $160,911.27 in the Feed/Mineral account and $15,340.57 in the Seed Corn account for a total of $176,251.84. The indebtedness is to be satisfied in full at the time of and from the proceeds of the settlement of the sale of the farm located at 200 Ott Road, Shippensburg, PA 17257. Payment is to be made to Beidel Nutritional Services, Inc., and is to be mailed or delivered to the address listed above. All payments under this Note shall be made in lawful money of the United States of America, in immediately available funds. Should the farm at 200 Ott Road not sell by , Maker agrees to apply for a loan to cure this indebtedness within 30 days of that date. This Note may be prepaid in whole or in part, at any time or times without premium or penalty. Prepayments will be subtracted from the existing balance of principal at the time of receipt of prepayment. The term "indebtedness" shall include all principal, late charges, and expenses incurred in collecting the same. Upon any default under this Note, the undersigned shall pay all costs of collection including attorney's fees. Holder is authorized to pay at any time any and all of such costs and add the same to principal. The Maker hereby waives presentment protest, demand, notice of dishonor, and all other notices, and all defenses and pleas on the grounds of any extension or extensions of the time of payments or the due dates of this Note, in whole or in part, before or after maturity, with or without notice. No renewal or extension of this Note, and no delay in enforcement of this Note or exercising any right or power hereunder, shall affect the liability of the Maker. The Maker authorizes and empowers, irrevocably, the Prothonotary or any Attorney of any Court of Record of the Commonwealth of Pennsylvania or elsewhere to appear for Maker at any time and enter judgment without process against Maker, with or without declaration, for the amount of this note, together with all charges, costs, and attorney's fees as above provided, and do hereby waive and release all errors in any such proceedings and waive all rights of appeal, and pursuant to and upon such judgment do hereby authorize and consent to immediate execution upon any property, A^ real, personal or mixed, and do hereby voluntarily condemn same, and no bill in equity or other petitions shall be filed to interfere in any manner with the operation of such judgment of execution thereupon, hereby ratifying and confirming all that said Prothonotary or Attorney may do by virtue hereof, and waiving and releasing benefit of all appraisement or inquisition of real estate, stay of execution, and all rights under the exemption laws of any State, now in force or hereafter enacted. All provisions and covenants contained herein are severable and in the event any of them shall be held to be invalid by any competent court, this Note shall be interpreted as if such invalid provisions and covenants were not contained herein. This Note may be amended or modified only by a writing signed by the party or parties against whom enforcement of any amendment or modification is sought. The terms of this Note shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the undersigned has caused this Note tQ be executed on the date first above mentioned. ?, 7 .? igttA _ Robert G. Commerer, Jr., Ma in J. Com rer, Maker COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss: On this the day of March, 2007, before me, the undersigned officer, personally appeared Robert G. Commerer, Jr. and Maxine J. Commerer, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained, In witness whereof, I hereunto set my hand and official seal. Notary Public (SEAL) Or DISCLOSURE FOR CONFESSION OF JUDGMENT . This Aga-t day of March, 2007, we are executing a Promissory Note in the amount of $176,251.84, obligating us to repay that amount (plus interest thereon if requested). Jay Beidel has explained to us that the Note contains wording that would permit the Holder of the Note, to enter judgment against us at the courthouse, whether or not said note is in default, without prior notice to us and without offering us an opportunity to defend against the entry of judgment, and that the judgment may be collected by any legal means if we default in the Note or when it is due. In executing the Note, we are knowingly, understandingly, and voluntarily waiving our rights to resist the entry of judgment against us at the courthouse, and are consenting to the confession of judgment. We certify that our annual income exceeds $10,000.00, that the blanks in the Disclosure were filled-in when we initialed and signed it, and that we received a copy of the Disclosure at the time of signing. WITNESS: Robert G. Commerer, Jr. Ma ine J. Comm r c? CS o w b _ r 4- U3 r J JAY R. BEIDEL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS ROBERT G. COMMERER, JR. Judgment in favor of Plaintiff on April 3, 2007 For $176,251.84. MAXINE J. COMMERER No. 2007-01831, Civil Term Defendant Jay R. Beidel, Plaintiff in the above Judgment, does appear and acknowledge that he, Jay R. Beidel this day has had and received from Robert G. Commerer, Jr. And Maxine J. Commerer, the Defendant in the above Judgment, full payment and satisfaction of the same, with interest and costs, and desires that satisfaction therefore shall be entered upon the records thereof. And further, Plaintiff does hereby authorize and empower Curtis R. Long, the Prothonotary of said Court, to appear for him and in his name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as Jay R. Beidel, Plaintiff, could were he personally present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof, I, Jay R. Beidel, Plaintiff, has hereunto set my hand and seal this (a day of April, A.D. 2008. (SEAL) Commonwealth of Pennsylvania County of Cumberland Personally appeared before me, the subscriber, Jay R. Beidel, the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judgment set forth, to be his act and deed, and desired that the same shall be filed of record in the office of the Prothonotary of the Court of Common Pleas of said County. In testimony whereof, I have hereunto set my hand and seal this _Z6f'day of April, A. D. 2008. V to O tL_.1 ' I lct vt (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seed Niven J. Baird, Notary Public Carlisle Boro, Cumberland County ply lion E)#r?es Nov. 2, 2010 Member, Pennsylvania Association of Notadee yA:, ?-Ti