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Home My WebLink About08-5349C , JUDGMENT NOTE $124,740.00 August 5, 2008 FOR VALUE RECEIVED, and intending to be legally bound hereby, the undersigned, Paul R. Seiders and Joan G. Seiders ("Maker") who reside at 2218 James Buchanan Drive, Elizabethtown, PA 17022, hereby promise to pay to the order of the Masonic Villages of the Grand Lodge of Pennsylvania ("Masonic Villages"), One Masonic Drive, Elizabethtown, Pennsylvania 17022, the principal sum of One Hundred Twenty-Four Thousand Seven Hundred Forty Dollars ($124,740.00), without defalcation, with interest at the rate of five (5%) percent per annum, from the date of this note as set forth above until paid in full or until any judgment entered thereon has been satisfied. Both principal and interest are payable in lawful money of the United States of America at the Masonic Villages, One Masonic Drive, Elizabethtown, Pennsylvania 17022, in funds immediately available to the Masonic Villages. If Maker shall fail to pay at maturity any portion of the principal and interest owing hereunder, then Maker shall be in default and interest shall be calculated on the principal amount due hereunder from the date of this Judgment Note until Maker's indebtedness to Masonic Villages is paid in full, at the increased interest rate of ten percent (10%) per annum. MAKER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD WITHIN THE UNITED STATES TO APPEAR FOR MAKER, AND WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT AGAINST HIM, HER OR THEM, JOINTLY AND SEVERALLY IF APPLICABLE, AND IN FAVOR OF MASONIC VILLAGES FOR THE PRINCIPAL SUM HEREOF, INTEREST CALCULATED AT THE RATE OF TEN PERCENT 1 (10%) PER ANNUM FROM THE DATE THIS JUDGMENT NOTE IS EXECUTED UNTIL FULL PAYMENT IS RECEIVED AND THE COSTS OF SUIT AND ATTORNEYS' FEES FOR COLLECTION HEREINAFTER PROVIDED FOR, AND FOR SO DOING THIS JUDGMENT NOTE OR A COPY HEREOF VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. MAKER HEREBY RELEASES MASONIC VILLAGES AND ITS ATTORNEY OR ATTORNEYS FROM ALL ERRORS, DEFECTS AND IMPERFECTIONS WHATSOEVER IN ENTERING JUDGMENT BY CONFESSION HEREON AS AFORESAID OR 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 JUDGMENT NOTE, IN WHOLE OR IN PART AND IN ANY ORDER AS MAY BE DESIRED BY MASONIC VILLAGES. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAUST THE POWER WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE VALID, VOIDABLE, OR VOID, BUT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT, UNTIL SUCH TIME AS MASONIC VILLAGES SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER. 2 t MAKER WAIVES PRESENTMENT FOR PAYMENT, DEMAND, NOTICE OF DEMAND, NOTICE OF NONPAYMENT OR DISHONOR, PROTEST AND NOTICE OF PROTEST OF THIS JUDGMENT NOTE, AND ALL OTHER NOTICES IN CONNECTION WITH THE DELIVERY, ACCEPTANCE, PERFORMANCE, DEFAULT, OR ENFORCEMENT OF THE PAYMENT OF THIS JUDGMENT NOTE. LIABILITY HEREUNDER SHALL BE UNCONDITIONAL AND SHALL NOT BE AFFECTED IN ANY MATTER BY ANY INDULGENCE, EXTENSION OF TIME, RENEWAL, WAIVER OR MODIFICATION GRANTED OR CONSENTED TO BE PAYEE. IT IS HEREBY ACKNOWLEDGED THAT THE CONFESSION OF JUDGMENT PROVISIONS HEREIN CONTAINED WHICH AFFECT AND WAIVE CERTAIN LEGAL RIGHTS OF MAKERS HAVE BEEN READ, UNDERSTOOD AND VOLUNTARILY AGREED TO BY MAKERS. If this Judgment Note is not paid as and when due and is placed with an attorney for collection, and whether or not suit is entered thereon or judgment confessed against Maker, Maker further agrees to pay the Masonic Villages, in addition to the principal and interest then due, the costs of suit and attorney's fees. No delay or failure on the part of the holder to exercise any of its rights hereunder shall be deemed as a waiver of such rights or of any default. This Note is to be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of interest principles. If any provision of this Judgment Note shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, but this Judgment Note shall be construed as if such invalidity or unenforceable provision had never been contained herein. 3 Notwithstanding any provision contained herein, Maker's liability for the payment of interest shall not exceed the limits now imposed by the applicable usury law. If any provision of this Judgment Note requires interest payments in excess of the highest rate permitted by law, the provision in question shall be deemed to require only the highest such payment permitted by law. Any amounts theretofore received by Masonic Villages hereunder in excess of the maximum amount of interest so permitted to be collected by Masonic Villages shall be applied by Masonic Villages in reduction of the outstanding principal balance (in which event any applicable prepayment prohibition or premium shall be waived with respect to the amount so prepaid) or, if this Judgment Note shall have theretofore been paid in full, the amount of such excess shall be promptly returned by Masonic Villages to the Maker. This Judgment Note shall be binding on the parties' heirs, successors and assigns. IN WITNESS WHEREOF, Maker has duly executed this Judgment Note the day and year first above mentioned. Pa R. Seiders, Maker Joan G. Seiders, Maker 4 i COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS. On this, the 5h day of August. 2008, before me, a Notary Public, personally appeared Paul R. Seiders, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Judgment Note and acknowledged the Judgment Note to be his act and desired that the same might be recorded as such. In witness whereof, I hereunto set my hand and official seal. &?& d Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Darla J. McKim , Notary Public West Donegal Twp., Lancaster County ! Cortmission Expires Nov. 6, 2008 Member, Pennsylvani Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER SS. On this, the 5' day of August, 2008, before me, a Notary Public, personally appeared Joan G. Seiders, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Judgment Note and acknowledged the Judgment Note to be her act and desired that the same might be recorded as such. In witness whereof, I hereunto set my hand and official seal. G Notary Public COMMONWEALTH, OF PENNSYLVANIA Notarial Seal Darla J. McKim. Notary Public West Donegal Twp., Lancaster County MY Commission Expires Nov. 6, 2008 Member, Pennsvlvania :association Of Notaries 5 (V v i C? ? 'i . L-j t MASONIC VILLAGES OF THE : R_zND LODGE OF F'E'i3t.ISYL`>'iailI +., PAUL R. SE.IDERS amP Jl JOAN G. SEIDERS, L e_ e11c.la?i?t s IN THE COURT OF COMMON PLEAS OF r, COUNTY, PA CIVIL ACTION - LAW DOCKET' NO. 08-5349 a PRAEC I PE TO SATISFY JUDGMENT o TO THE PROTHot,410TAPY : W Ple,::s rl: rk t:?,=rov:= c. ptior_.-d matt CD. - - er_ satisfied.. Ao ]f,. ULUGE, JR. , ESQUIRE ttoriiey or Plaintiff P.O. 120:/ 304 Elysburq, PA 17824 (570) 672-2536 Dated 6i