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HomeMy WebLinkAbout87-0044NO, Civil 19 ~i~ ¥$. Court of Common Pleas Cumb. Co. JUDGMENT NOTE LAW O F'F'IC ES 1:3RABBS, (3ASHMAN AND FREY 14 CENTER SCIUARE HANOVER, PENNSYLVANIA 17331 JUDGMENT NOTE $95,000.00 ~¢~.L,~,~ , Pennsylvania On the dates and in the manner hereinafter provided, we, William W. Warren and Linda B. Warren, his wife, promise to pay to the order of John I. Gilson the sum of Ninety-Five Thousand ($95,000.00) Dollars, together with interest thereon at the rate of ten (10.00%) per cent per annum payable nine (9) years from the date hereof; provided, however, that until the Obligee shall demand payment in full of said principal sum, or the balance thereof remaining unpaid, the Obligors will amortize or reduce the amount of such principal by monthly payments on account thereof of One Thousand Three Hundred Thirty-Seven and 48/100 ($1,337.48) Dollars each, including interest, as aforesaid, on the unpaid balance of such principal, the first such monthly payment to be made on the first day of ~~k~'~ ....... ~ w-~ , 1987, and on the first day of each and every ~onth the,~after until such principal sum, together with interest, as a~oresaid, has been paid in full, or until the Obligee shall have demanded payment in full of the balance of the principal sum then unpaid. Provided, always, that nothing herein contained shall be taken or construed as a waiver of the right of the Obligee to demand and enforce payment of the full principal sum then unpaid, together with interest, as aforesaid, at any time after the expiration of nine (9) years from the date hereof. Provided, further, that: 1. Monthly payments of principal and interest, as aforesaid, shall be made at 11 West Winding Hill Road, Mechancisburg, Pennsylvania, or at such other location as may be designated, from time to time, by Obligee. 2. Obligors shall have the right to prepay the outstanding principal balance, in full or in part, at any time prior to maturity, without charge or penalty for such prepayment; provided, however, that in the event of partial prepayment, there will be no change in the amount of the monthly payments unless such change is agreed upon by Obligee, in writing. 3. If Obligee has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the date it is due, Obligors will pay a late charge in the amount of three (3.00%) per cent of the overdue payment of principal and interest, which late charge shall be paid promptly. Such late charge shall apply only once on each late payment. -1- 4. This Note shall be in default if Obligors do not pay the full amount of each monthly payment within fifteen (15) days of the date such payment is due. If Obligors are in default, Obligee must send a written notice telling Obligors that if they do not pay the overdue amount by a certain date, Obligee may require them to pay immediately the full amount of principal which has not been paid and all interest that is owed on that amount. That date must be at least fifteen (15) days after the date on which the notice is given to Obligors. If Obligee has required Obligors to pay immediately in full as described above, Obligee shall have the right to be reimbursed by Obligors for all of their costs and expenses in enforcing the Note to the extent not prohibited by applicable law, including, for example, reasonable attorneys, fees. Even if, at the time when Obligors are in default, Obligee does not require Obligors to pay immediately in full as described above, Obligee will still have the right to do so if Obligors are in default at a later time. 5. Any notice required by the terms of this Note shall be given in writing, by depositing such notice in the United States mails, certified, with certification and postage charge prepaid, properly addressed and directed to the party to receive the same as follows: (a) As to Obligors: 324 East Main Street, Mechanicsburg, PA, 17055; (b) As to Obligee: 11 West Winding Hill Road, Mechanicsburg, PA, 17055. Without defalcation, value received. And, further, we do hereby empower any Attorney of any Court of Record within the United States, or elsewhere, to appear for us and, after one or more declarations filed, confess judgment against us as of any term for the above sum with costs of suit and attorney's commission of fifteen (15%) per cent for collection and release of all errors, and without stay of execution and inquisition and extension upon any levy on real estate is hereby waived and condemnation agreed to and the exemption of personal property from levy and sale on any execution hereon is also hereby expressly waived and no benefit of exemption be claimed under and by virtue of any exemption law now in force or which may be hereafter passed. ~IN WITNESS WHEREOF, this Note has /~7 day of 1~~.~-- been executed this " 1987. ~)~c~ o~ ~ ~t~%~%.~_ ~ ~~ (SEAL) ~inda B. Warren -2-