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HomeMy WebLinkAbout10-72441 a - 7~~~ e~~ -L ~~2„ ,. .t =-r a ~',E '~~_.' °i„_. l ~ _ , f -~f ~r r ~ ,~, r t~r~ tt'.FSf ~ ~ F.s PROMISSORY JUDGMENT ~C~~L'~-'- r ~- ~ ~ ' ~ ' ~ €~ ,'; F ` " __t?: ~, _,w, ~. November 1, 2010 $400,000.00 H & N LANDSCAPING, LLC (hereinafter, "LLC°), a Pennsylvania Limited Liability Company, having a principal office and place of business of 1243 E. Lisburn Road, Mechanicsburg, Pennsylvania 17055, hereby promises to pay to HENRY L. LENKER (hereinafter, "LENKERp), of 1245 E. Lisburn Road, Mechanicsburg, Pennsylvania 17055, the sum of Four Hundred Thousand and 00/100 ($400,000.00) Dollars, together with interest from the date hereof at the rate of six (6~) percent per annum within five (5} years of November 1, 2010. The terms and conditions of this Promissory Judgment Note, which are mutually agreed upon by the parties hereto, are as follows 1) The principal amount of Four Hundred Thousand and 00!100 ($400,000.00) Dollars with interest thereon from the date hereof at the rate of six (6$) percent per annum, .which principal amount, along with any and all accrued interest thereon, less any prepayments made thereon, shall be due and payable on or before October 31, 2015. 2) Commencing on the 1st day of December, 2011 and thereafter ,on the same day of each and every month, LLC shall make monthly payments of interest only at the rate of six (6~) percent per annum, said monthly payments to be in the amount of Two Thousand and 00/100 ($2.,000.00) Dollars. LLC is not required to make interest payments during the first year. It is understood and agreed that the monthly payments, as set forth herein, are made in arrears and not in advance. It is further understood and agreed that any and all interest payments not made during the first year will be due and payable on or before October 31, 2015, along with any and all principal. 3) It is understood and agreed that the monthly interest payment is based upon the following: $400,000.00 - principal amount financed; amortization period - 7 years; interest rate - six (6~} percent per annum. The monthly interest payment is $2,aoo.oo. 4) LLC shall have the right to prepay all ox any part of the unpaid principal balance, without penalty for such prepayment, at ~a7 ~ ~~,- CK~ ~~~' ~-~'~o'Z S ~3G~' any time and from time to time on any regular payment due date, together with interest on such prepayment to the date of payment. 5) Notwithstanding any provisions of this Promissory Judgment Note to the contrary, any and all principal amounts due and owing, together with any and all accrued interest thereon, shall be due and payable in full to LENKER on or before October 31, 2015. 5) Unless directed to the contrary by LENKER, LLC is to make all payments hereunder as follows to: HF,NRY L . LENRER 1245 E. Lisburn Road Mechanicsburg, PA 17055 7) Upon a thirty (30} day default of any of the above monthly payments, the undersigned do hereby further authorize and empower any attorney-at-law, Clerk of Court or Prothonotary of the Court of Record of Cumberland County, Pennsylvania, or elsewhere, to appear for and to confess judgment against them for the full amount of the above sum, in favor of the holder hereof, together with interest and ten ~(10~) percent of any moneys unpaid hereon for collection expenses and attorney's fees, after declaration filed, with costs of suit, release of errors, without stay of execution, and waive the right of inquisition on any real estate that may be levied upon under such judgment and they do hereby voluntarily condemn the same, and authorize the Clerk of Court or Prothonotary of the Court of Record of Cumberland County, Pennsylvania, or elsewhere, to enter upon any Writ of Execution said condemnation, and they further agree that said real estate may be sold upon a Writ of Execution, and they hereby waive and release all relief from any and all appraisement, stay or exemption laws of any State, now in force or hereafter to be passed. Lenker shall provide written notice to LLC of his intent to confess judgment in accordance with this paragraph seven (7) days in advance of any such confession. It is understood that we have read and reviewed the contents of this Note, that we understand the provisions hereof, that we are aware that the Note authorizes the entxy of a judgment against us for the principal amount together with accumulated interest at the rate of six (6$) percent per annum, and ten (10$} percent of any moneys unpaid hereon for collection expenses and attorney's fees and that we have signed this Note voluntarily and with the intent to be bound legally hereby. -2- IN WITNESS WHEREOF, the undersigned has set his hand and seal in the ~'~day of d~-ca9e.~ 2010. H & N Landscaping, LLC Witness COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND On this, the ~~day of ~-/"' 2010, before me, the undersigned officer, personally appeared as (~"~~~- of H & N Landscaping LLC ]~cn~~,to me satisfactorily proven} to be the ~ ~ (or to the within instrument, and acknowledgedothathe execuutbedrthed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nota Pub is (.SEAL) coMMOr~w~-Ln~ of PEr~s~nvnNw Nomw sw Cheryl L. Baku, NcMry Put~c UpparNWn'1'wp., Cumbafind Codnty MY Cam Bxpl-as x.,18, 7!011 Mamoa~, ran -3- GUARANTY AND SURETYSHIP AGREEMENT FOR VALUE RECEIVED and intending to be legally bound, the Undersigned does hereby unconditionally guarantee and become surety for the due and punctual payment of each installment of principal of and interest on the within Promissory Judgment Note as .and when each said installment shall respectively become due and payable in accordance with the terms thereof, whether at maturity or by declaration, acceleration or otherwise, as well as all additional loans or advances and all other sums paid by any holder of said Note to or on behalf of the maker thereof pursuant to the terms of said Promissory Judgment Note securing the same. The Undersigned hereby waives any presentment for payment, notice of nonpayment outside of any notice of intent to confess judgment required under the Promissory Judgment Note, demand or protest, declares that this obligation is absolute and unconditional, and agrees that it shall not be released by any extension of time for payment or by any other matter or thing whatsoever whereby the Undersigned as absolute guarantor and surety otherwise would or might be related. In case default be made for the space of thirty (30) days in the payment of any sums due under said Promissory Judgment Note, the Undersigned hereby empowers any attorney of any court or record within the United States or America or elsewhere to appear for the Undersigned and, with or without complaint filed, confess judgment, or a.series or judgments, against the Undersigned in favor of any holder thereof, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other. sums paid by any holder thereof to or on behalf of the maker of said Promissory Judgment Note pursuant to the terms thereof, together with interest thereon, costs of suit and an attorney's commission for collection of ten per cent (10~) of the total indebtedness or $200, whichever is the larger amount, on which judgment or judgments one or more executions may issue forthwith. The Undersigned hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right or inquisition and extension of time or payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. These presents shall bind the Undersigned and the Undersigned's heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the payee of said Promissory Judgment Note, his heirs, successors and assigns. If executed by more than one person or entity, this obligation and the undertakings hereunder shall be joint and several. WITNESS the due execution hereof this ~~ day of ~~v~~~ 2010. , H & N Landscaping, LLC Wi to BY : ~~~~-~ ~ ,..-- ~ ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this , the ~,I~day o f ~~Ip,~ 2 010 , the undersigned officer before me, as ~ personally appeared add ~,~,+(~ F~X~~ of H & N Landscaping, LLC, satisfactorily proven) to be the ~O~ to me (or to the within instrument, and acknowledged~thathe execu~tedrthed same for the purposes therein contained. zN WITNESS WHEREOF, I_hereunto set my hand and official seal. COMMONWEALTH pF PENNSYLVANIA a, (SEAL). Public NotarlY tial Cheryl L. Mahar, Notary Pubt~ Upper Allen Twp., CumbeAand County My Commisehin Jah, 13 2011 Member, PenngyiYetiig GUARANTY AND SURETYSHIP AGREEMEN'T' FOR VALUE RECEIVED and intending to be legally bound, the Undersigned does hereby unconditionally guarantee and became surety for the due and punctual payment of each installment of principal of and interest on the within Promissory Judgment Note as and when each said installment shall respectively become due and payable in accordance with the terms thereof, whether at maturity or by declaration, acceleration or otherwise, as well as all additional. loans or advances and all other sums paid by any holder of said Note to or on behalf of the maker thereof pursuant to the terms of said Promissory Judgment Note securing the same. The Undersigned hereby waives any presentment for payment, notice of nonpayment outside of any notice of intent to confess judgment required under the Promissory Judgment Note, demand or protest, declares that this obligation i.s absolute and unconditional, and agrees that it shall not be released by any extension of time for payment or by any other matter or thing whatsoever whereby the Undersigned as absolute guarantor and surety otherwise would or might be related. In case default be made for the space of thirty (30) days in the payment of any~sums due under said Promissory Judgment Note, the Undersigned hereby empowers any attorney of any court or record within the United States or America or elsewhere to appear for the Undersigned and, with or without complaint filed, confess judgment, or a series or judgments, against the Undersigned in favor of any holder thereof, as of any term, for the unpaid balance of the principal debt, additional loans or advances and. all other sums paid by any holder thereof to or on behalf of the maker of said Promissory Judgment Note pursuant to the terms thereof, together with interest thereon, costs of suit and an attorney's commission for collection of ten per cent (10~} of the total indebtedness or $200, whichever is the larger amount, on which judgment or judgments one or more executions may issue forthwith. The Undersigned hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right or inquisition and extension of time or condemnation of any property levied upon by viptueeof/anyrsuchto execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. These presents shall bind the Undersigned and .the Undersigned's heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the payee of said Promissory Judgment Note, his heirs, successors and assigns. If executed by more than one person or entity, this obligation and the undertakings hereunder shall be joint and several. WITNESS the due execution hereof this 22 day of ©c~d~f1,.-~ 2010. ATTEST: l.~ RLINES QUALITY MOWING AND LANDSCAPING, INC. BY' (SEAL) STAGY KLINE, President COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the ~,~day of 2010, before me, the undersigned officer, personally appeared STAGY L. RLINE, President of KLINES QUALITY MOWING AND LANDSCAPING, INC., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ~ n I Nderiel Seal Ll~c~'-- ( SEAL ) Cheryl ~. , Nary Pua~ N Publ i c UppsrAden7wp., Cumberland County Commialon Expires Jah. 13, 2011 Member, en enle AsrooieNan of Notaries GUARANTY AND SURETYSHIP AGREEMENT FOR VALUE RECEIVED and intending to be legally bound, the Undersigned does hereby unconditionally guarantee and become surety for the due and punctual payment of each installment of principal of and interest on the within Promissory Judgment Note as and when each said installment shall respectively become due and payable in accordance with the terms thereof, whether at maturity or by declaration, acceleration or otherwise, as well as all additional loans or advances and all other sums paid by any holder of said Note to or on behalf of the maker thereof pursuant to the terms of said Promissory Judgment Note securing the same. The Undersigned hereby waives any presentment for payment, notice of nonpayment outside of any notice of intent to confess judgment required under the Promissory Judgment Note, demand or protest, declares that this obligation is absolute and unconditional, and agrees that it shall not be released by any extension of time for payment or by any other matter or thing whatsoever whereby the Undersigned as absolute guarantor and surety otherwise would or might be related. In case default be made for the space of thirty (30) days in the payment of any sums due under said Promissory Judgment Note, the Undersigned hereby empowers any attorney of any court or record within the United States or America or elsewhere to appear for the Undersigned and, with or without complaint filed, confess judgment, or a series or judgments, a ainst the Undersi favor of any holder thereof, as of any term, for the unpaid in balance of the principal debt, additional loans or advances and all other sums paid by any holder thereof to or on behalf of the maker of said Promissory Judgment Note pursuant to the terms thereof, together with interest thereon, costs of suit and an attorney's commission for collection of ten per cent (10~) of the total indebtedness or $200, whichever is the larger amount, on which judgment or judgments one or more executions may issue forthwith. The Undersigned hereby forever waives and releases all errors in said proceedings, waives stay of execution, the right or inquisition and extension of time or payment, agrees to condemnation of any property levied upon by virtue of any such execution, and waives all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. These presents shall bind the Undersigned and the Undersigned's heirs, executors, administrators, successors and assigns,. and the benefits hereof shall inure to the payee of said Promissory Judgment Note, his heirs, successors and assigns. If executed by more than one person or entity, this obligation and the undertakings hereunder shall be joint and several. WITNESS the due execution hereof this ~ day of Q~~1~'w`~ 2010. ' ~ V witness TODD KL NE ~~~-~ Witn ss STAGY L. K NE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the `day of ~~~-- 2010, before me, the undersigned officer, personally appeared TODD KLINE and STAGY L. KLINE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMpNyyFA1.7H OF PENNSYLVANIA N a Pub 1 i c ( SEAL ) Seal No1Mfr Cheryl L. Baker. NAY Pudic Ups AYen Twp., Cumberland CourrlY .13 2011