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Home My WebLink About07-3389ABELN LAW OFFICES 37 EAST POMFRET STREET CARLISLE, PA 17013 (717) 245-2851 MORTGAGE ?_ rt 7 -338_7 508 Park Hills Drive, Mechanicburg, Cumberland County, Commonwealth of Pennsylvania c i v t i TCKM FOR VALUE RECEIVED, Mark McGlynn residing at 508 Park Hills Drive, Mechanicsburg, Pennsylvania 17055, Upper Allen Township, Parcel 42-27-1886-048, LOT 4 BLK E PLAN 3 PB 22 PGS, Deed Book 00267, Deed Page 02669, ("Maker") hereby promises to pay to the order of the United States of America ("Payee") the principal sum of 150,000 dollars ($150,000), with interest at the rate of 0 percent (0%) per annum, the entire balance of principal due hereunder shall be due upon an order of a Judge of the United States District Court for the Southern District of New York that Mark McGlynn is in violation of the conditions of his release on bond and an order forfeiting bail in the matter of the United States of America v. Mark McGlynn, 07 Cr. 172 (CLB)("Maturity"). The unpaid principal and payment of the same may be enforced and recovered by the entry of judgment on this Note and the issuance of execution thereon.. Time is of the essence of this Note. Maker hereby irrevocably authorizes and empowers any attorney or attorneys or the Prothonotary or Clerk of any Court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for Maker, in any such Court therein to confess judgment against Maker for all sums due by Maker herein together with costs of suit and an attorney's fee for collection as aforesaid; and for so doing, this Note or a copy hereof verified by affidavit shall be a sufficient warrant. This warrant of attorney shall be effective only after Maker's Default. The remedies of Payee provided herein or otherwise available to Payee at law or in equity and the warrants of attorney herein contained shall be cumulative and concurrent; may be pursued singly, successively or together at the sole discretion of Payee; and may be exercised as often as occasion therefor shall occur. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release of the same. Acceptance of this Note by Payee shall not preclude Payee from freely exercising at anytime and from time to time all available rights and remedies for collection of legal fees, costs and disbursements owing to Payee from Maker from time to time, notwithstanding that Maker, at the time of such collection, has not conveyed, sold or transferred any interest in the residence hereinabove referred to, it being agreed that this Note is given as additional security for the payment of any such sums and is not intended to defer the date on which payment of such sums is otherwise due or to otherwise affect or impair Payee's rights to collect such sums. Maker hereby releases Payee and said attorney or attorneys from all errors, defects and imperfections whatsoever in entering judgment by confession herein as aforesaid, in issuing any process or instituting any proceedings relating thereto and hereby waives all benefit that might accrue to Maker by virtue of any present or future laws exempting any property, real or personal, or any part of the proceeds arising from any sale of any such property, from attachment, levy or sale under execution, or providing for any stay of execution, exemption from civil process or extension of time, and agrees that such property may be sold to satisfy any judgment entered on this Note, in whole or in part and in any order as may be desired by Payee. Maker (and all endorsers, sureties and guarantors) waives presentment for payment, demand, notice of demand, notice of nonpayment or dishonor, protest and notice of protest of this Note, and all other notices in connection with the delivery, acceptance, performance, default, or enforcement of the payment of this Note; liability hereunder shall be unconditional and shall not be affected in any manner by any indulgence, extension of time, renewal, waiver or modification granted or consented to by Payee. Maker shall pay the cost of any revenue, tax or other stamps now or hereafter required by law at any time to be affixed to this Note, and if Maker fails or refuses or is not legally permitted to do so, Payee may at its option accelerate this Note to Maturity as in the case of default by Maker. The words "Payee" and "Maker," whenever occurring herein, shall be deemed and construed to include the respective heirs, personal representatives, successors and assigns of Payee and Maker. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. To secure the full and prompt payment and performance when due of all present and future obligations of Maker under this Note and Security Agreement or otherwise, Maker hereby grants to Payee a security interest in all of the property located at 508 Park Hills Drive, Mechanicsburg, Pa. 17055. Maker represents that the Collateral is free and clear of all liens or encumbrances other than a first mortgage in the amount of approximately $102,000. Maker covenants that it shall not move, sell, lease, permit any encumbrances on or otherwise dispose of the Collateral. Maker will insure the Collateral against all hazards and preserve the Collateral in good condition and repair at all times and will not permit anything to be done that may impair the value of any of the Collateral. Upon the occurrence of Default, shareholders may exercise one or more of the rights and remedies granted pursuant to this Note and Security Agreement or applicable law, including without limitation the Uniform Commercial Code. Maker waives any right he may have under any Homestead Exemption. MAKER ACKNOWLEDGES THAT THIS NOTE CONTAINS CONFESSION OF JUDGMENT AND THAT IT HAS KNOWINGLY AND VOLUNTARILY WAIVED THE RIGHT TO SERVICE AS DESCRIBED ABOVE WITH THE ADVICE OF COUNSEL. IN WITNESS WHEREOF, Maker has duly executed this Note and Security Agreement the day and year first above mentioned. EtK MC On this, the 6th day of June, 2007, before me, the undersigned officer personally appeared Mark McGlynn Sworn to before me this 6t' day of Jun"a4*,- Notary Public , known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal RICHARD D. WILLSTATTER Notary Public, State of New York No. 02WI5017115 Qualified in Westchester County Commission Expires August 30, 2C..)09 r-.1 C-S r it ....? -7j (_7) .. -0 W j V ._ s PROTHONOTARY'S OFFICE COUNTY OF CUMBERLAND ------------------------------------x IN RE: Mark McGlynn 508 Park Hills Drive, Mechanicsburg, Pennsylvania 17055, Upper Allen Township, Parcel 42-27-1886-048, LOT 4 BLK E PLAN 3 PB 22 PGS, Deed Book 00267, Deed Page 02669, 07-3389 Civil Term SATISFACTION OF JUDGMENT Defendant. ------------------------------------x WHEREAS, a report for bail was entered in the above action on the 7th day of June, 2007 in favor of The United States of America, United States Attorney, Southern District of New York and against Mark McGlynn in the amount of $150,000.00 in the event that Mark McGlynn, the defendant in United States v. Mark McGlynn, 07 Cr. 178 (CLB), then pending in the United States District Court for the Southern District of New York at 300 Quarropas Street, White Plains, New York 10601, failed to comply with the terms and conditions of his release on bail secured by a piece of real property located at Mark McGlynn residing at 508 Park Hills Drive, Mechanicsburg, Pennsylvania 17055, Upper Allen Township, Parcel 42-27-1886-048, LOT 4 BLK E PLAN 3 PB 22 PGS, Deed Book 00267, Deed Page 02669, and WHEREAS, the defendant Mark McGlynn's criminal case was completed without violation of the conditions of bail. THEREFORE, full and complete satisfaction of said judgment is hereby acknowledged, and the Prothonotary is hereby authorized and directed to make an entry of the full and complete satisfaction on the docket of said judgment. SDNY Web 4/99 ? w Dated: White Plains, New York October /If', 2007 STATE OF NEW YORK COUNTY OF WESTCHESTER Michael Garcia United States Attorney Southern District of New Yor i By: Elliott B. son, Esq. Assistant United States Attorney 300 Quarropas Street White Plains, NY 10601 Attorneys for Plaintiff ss.. On the day of October, 2007 before me personally came Elliott B. L _ Notary Public WA Kul Ne"ry? Pubft, Stabs Of N?? N0.60.4a00335 in WestchesterCOWKV ?:Wres rA2rch 30.20- Jacobson to me known and known to be a member of the United States Attorney's Office for the Southern District of New York, attorneys for plaintiff in the above-entitled action, and to be the same person described in and who executed the within satisfaction of judgment and acknowledged to me that he executed the same. SDNY Web 4/99 - G r rte- T c CQ