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Home My WebLink About05-3465ai DEMAND NDGEMENT NOTE $64,300.00 Carlisle, Pennsylvania July 1, 2005 Zjmmerraan? FOR VALUE RECEIVED, Kris to the o dVioral and er of Ma k L. Vi6 I an Dawn L. Vioral ("Makers") hereby promises to pay ay ("Payees") he principal sum of Sixty Four Thousand Three Hundred and r00/ 100 lier that July shall th ($64,300.00), immediately upon demand and id no fcase ull the follow ginterest will apply 8, 2008 ("maturity"). If the judgment P according to he payoff of he judgment: 1st year - 2% interest amount ($1286) to be applied to the original principal sum amount. 2nd year- 3% interest amount ($1929) to be applied to the original principal sum amount- 3 rd year- 4% interest amount ($2572) to be applied If Makers shall fail to pay at maturity any portion of the principal and interest owing hereunder, hen Makers shall be in default. The property on 115 Kerrs Road will be sold to satisfy this note in full (Time is of the essence of this Note.) In the event that the Makers decide to sell the property after he judgment period the Payees will have the First Right of Refusal or the first right to purchase the property, at the appraised price at that time. the M In the event that a simultaneous any appl cable Estate the full amount oft Pplayuees are agreeing to pay he Payees interest. Makers hereby irrevocably authorizes and empowers any attorney or attorneys or to prothonotary or Clerk of any court of record in the Commonwealth ro rie action here brought elsewhere, to appear for Makers in any such Court in an app p or to be brought against Makers at the suit of Payee on this Note, and therein to confess judgment against Maker for all sums due by Makers herein together with costs of suit and an attorney's fee for collection as aforesaid; and for so doing this Note or a coy hereof verified by affidavit shall be a sufficient warrant. This warrant of attorney shall be effective only after Makers default. The remedies of Payee provided herein or otherwise available to Payee at law or in equity together cumulative and the warrants of attorney of discretion of Payee, nd successively contained at he sole may be pursued singly, suc as a waiver orare ease of heisame. may be exercised as often as occasion ch right or remedy hall in no event be therefore su Makers hereby releases Payee and said o nfession hereon as errors, defe is and imperfections whatsoever in entering judgment by co aforesaid or in process or instituting any proceedings relating thereto and hereby waives all issuing any resent or future laws exempting any benefit that might accrue to Makersb o f p°o ceedsarising from any sale of any such property, real or personal, or any pa for any state of property, from attachment, levy of sale under execution, or providing agrees that such execution, exemption from civil process or extension of time, and property maybe sold to satisfy any judgment entered on the Note, in whole or part and in any order as may be desired by Payee. Makers (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. Makers shall pay the cost of any revenue tax or other stamps now or any tine to be affixed t this Note, and if Makers fails or refuses ore not fired by law legally permitted to do so, Payee may at its option accelerate this Note to maturity as in the case of default by Makers. The words "Payees" and "Makers" wheneversonal representatives, successors and assigns construed to include the respective heirs, p of Payee and Makers. This instrument shall be construed according to and governed by the laws of the Commonwealth of Pennsylvania. Notwithstanding any provision contained herein, Makers liability for the payment of law exce applicable . If any interest shall not exceed the limits now Imposed by the highest rat permitted by provision of the Note requires interest payments law, the provision in question shall be deemed to require only the highest such payment permitted by law. Any amount theretofore received by Payee hereunder in excess of the maximum amount of interest so permitted to be collected by Payee shall be applied by Payee 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 exces shall be promptly returned by Payee to the Makers. full, the amount of such or, if this Note prepa ' ly executed this Note the day and year and first (SEAL) Kri?topher L. Vioral er) (SEAL) cer) `elf -0 6 v ? (l?Yl A-D aW h L- V I V Y? 1 ?CkvV. L. ? UT 116 QC)OLJ Ca?l?s?e? f ??,, ??cl rn J . ?i v?? w? pvv??a?l AP}. 1 (?IfA 21;s /c S St Z/o6 P r- GA-21:? I-7013 Affidavit to Accompany Judgment Note Being duly sworn according to law, the undersigned jointly and severally depose and say that: 1 They are borrowing funds from Mark L. Vioral & Dawn L. Vioral. 2 They are over twenty-one years of age, not within the military service of the Sailors s allies v o Relief Act of 947 as amended relief provisions of iin the civil the Soldier United States s and it 3, They have agreed to borrow the finds from Mark L. Vioral and Dawn L. sai Vioral in the principal amount of $64,300 00 and to secure a confer iontofn have delivered to the Lender a Judgment judgment. 4. They understand that a confession of judgment allows for judgment ncumbers all judgment by confession against them and that said judge real estate that they own. IN WITNESS WHEREOF and intending to induce the Lender to complete the transaction as provided, the undersigned have affixed their hands and seals on this 2005. day of fri Sworn to and subscribed before lme 2005. n tP day of Q 0 o? o? (3 ^? 4-? C1 y cu MARK L. VIORAL and : IN THE COURT OF COMMON PLEAS DAWN L. VIORAL, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. KRISTOPHER L. VIORAL and NO. 05-3465 CIVIL TERM AMANDA J. ZIMMERMAN, NOW KNOWN AS AMANDA J. VIORAL, Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued. The undersigned also hereby affirms that they do not wish to exercise the Right of First Refusal contained in the above-captioned matter. Date: q- Vq (o (2'f ( o$ SEAL COOUATTHOUSE CRY 4, 2010 Respectfully submitted, Q low_ G 5,2 CD