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HomeMy WebLinkAbout94-06677 I/o, 'N- I., l. 77 &v-J ~..- .. , . .. .' Date: NOJ('f'1~~ 1l.J1 n'1~ $30,000.00 JUDGMENT NOTE SNIDER & MILLER BUILDERS, a Pennsylvania General Partnership, jointly and individually known as "Maker", promises to pay to WILLIAM L PIPER and DEBORAH W. PIPER, husband and wife, and ROBERT J. WEIBLEY and VELVA E. WEIBLEY, husband and wife, as "Holders", of West pennsboro Township, Cumberland County, . Pennsylvania, their heirs and/or assigns, Thirty Thousand and 00/100 Dollars ($30,000.00) without interest. Notice, demand, presentment, or protest are expressly waived by Maker. Maker shall have the right to prepay all or any part of the principal amount of this Note at any time or from time to time without premium or penalty. In addition, Maker does hereby authorize and empower the Prothonotary or any Attorney of any Court of Record of Pennsylvania or elsewhere to appear for and enter judgment against Maker for the above sum, with or without declaration, with costs of suit, release of errors, without stay of execution, and with 15 percent added for collection fees; and Maker hereby agrees not to make any motion or any application whatsoever to any Court for an inquisition on any real estate that may be levied upon to collect the aforesaid sum, and Maker voluntarily condemns same, and authorize the Prothonotary to enter said voluntary condemnation upon the Writ of Execution. Maker further agrees that any property, real personal or mixed may be sold through a Writ of Execution and further hereby waives and releases all relief from any and all appraisements, stay or exemption of any State now in force or which are passed hereafter. 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 THE HOLDER HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. This Note shall be due and payable upon the earlier of August 31, 1995 or upon the sale of the residence which is to be erected by Maker on Lot 10 of Tract 2 of Cedar Court, which lot shall be secured by this Note. The lien of this note shall be restricted to Lot 10 of section 2 of Cedar Court SUbdivision. WAIVER IN EXECUTING THIS NOTE, MAKER UNDERSTANDS THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST MAKER IN COURT AND DOES HEREBY CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. MAKER HEREBY CERTIFIES THAT IT HAS EARNINGS OF $10,000.00 OR MORE PER YEAR. ). 0- M ... , ~ a\~ , Q'o '" . '1 ::- " ' " ~ ~ ~ -:T c;r') - ' ?~ N "~ ......, {"'--.' :>- .J'";J I.. c -- '.,'\ -- :tl q~ - ltlo'7"" - .. . AGREEMENT TO KNOW ALL MEN BY THESE PRESENTS that WILLIAM L. PIPER and DEBORAH W. PIPER, husband and wife, and ROBERT J. WEIBLEY and VELVA E. WEIBLEY, husbllnd and wife, all of Carlisle, Pennsylvania, for and in consideration of the sum of One and 00/100 ($1.00) Dollar paid to them by Snider and Miller Builders, the receipt whereof is hereby acknowledged, hereby agree that the Judgment Note heretofore given to them by Snider and Miller Builders, dated November 14, 1994, and duly recorded in Cumberland County in the Office of the Prothonotary, on November 23, 1994, to No, 94-6677 Civil Term, which Judgment Note is a lien upon premises situate in Cumberland County, Pennsylvania. known as Lot 1110, of Tract 2 of Cedar Court, shall be postponed in favor of and subordinate in lien, priority and distribution to a certain Mortgage upon said premises in the amount of $130,000, in which Snider and Miller Builders of Marysville, Perry County, Pennsylvania, is to be the Mortgagor, and The Bank of Landisburg is to be the Mortgagee and is to be recorded in the Office of the Recorder of Deeds in and for Cumberland Co~mty, Said $130,000 Mortgage to be recorded will be a first Mortgage and the Judgment Note of the undersigned will be a second lien. The aforesaid Judgment Note of the undersigned shall, in all respects, be, and be deemed to be, subordinate to the Mortgage and any accompanying Bond or Note to The Bank of Landisburg as above-described and to be recorded. Said Judgment Note of the ~ CERTIFICATE OF ADDRESS I HEREBY CERTIFY that the precise and complete post office address of the person to receive this document once filed is: L-t}II!,am r:p~r I ..gSO /3arns-lab/o{' 8J.. ('a,.j,J/f? /-'17 17013 I ">~- ~I~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF RECORDED in the Office of the Recorder of Deeds of Record Book . page County, in WITNESS my hand and seal of office this ,19_, day of Recorder of Deeds DCX'I 1t<1DOMI,t-.(),UCT 1\11 ~ rl d r - IU"O ~ ~ <" CI10 ,- 0') - ",' .3 - = 2 (t --1: " n - r- " " .... lc) = -:p ij ~ ::f ~ C'"=J c.l Z .... -, ..