helix_8k-ex1005.htm











Exhibit 10.5


 


 


 


_______________________ (________)


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Telephone:  (_____) _______________


Facsimile: (_____) ________________







Attorney for St. George Investments, LLC


 











IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS


FIRST MUNICIPAL DISTRICT


COUNTY DEPARTMENT – LAW DIVISION 









	
 


ST. GEORGE INVESTMENTS, LLC, 


an Illinois limited liability company,


 


Plaintiff,


 


vs.


 


HELIX WIND, CORP., a Nevada  corporation,


 


Defendant.

	  	
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JUDGMENT BY CONFESSION


 


Case No. _____________________                                                      


 


Judge ________________________                                                     












Pursuant to 735 ILCS 5/2-1301(c) and the affidavit of counsel for St. George Investments, LLC, an Illinois limited liability company, its successors or assigns (“St. George Investments”), the Court hereby enters judgment against Helix Wind, Corp., a Nevada corporation (“Defendant”), as follows:


 




  





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1.           Defendant failed to comply with the terms of that certain Secured Convertible Promissory Note dated July 1, 2011, made by Defendant in favor of St. George Investments and executed in Cook County, Illinois, attached hereto as Exhibit A (the “Note”), in that Defendant failed to make a required payment or payments thereunder.


 


2.           By virtue of Defendant’s default and violation of the Note, judgment in favor of St. George Investments is hereby entered against Defendant in the amount of $72,500.00, plus costs and accrued and unpaid interest, less any payments previously made by Defendant, which net amount is $________________ (the “Judgment Amount”).


 


3.           Interest shall accrue on the Judgment Amount at the rate of eighteen percent (18%) per annum until all amounts due under the terms of this Judgment by Confession are paid to St. George Investments.


 


4.           It is agreed that this Judgment by Confession shall not be filed or recorded by Plaintiff until or unless the occurrence of an Event of Default (as defined in the Note) under the Note.


 


 


DATED this ____day of ___________, 20___.


 


BY THE COURT

















___________________________________


First Municipal District Court Judge


 


 


 




  





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CONSENT TO ENTRY OF JUDGMENT BY CONFESSION







__________________ COUNTY                                   )


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STATE OF __________________                                 )







Defendant, Helix Wind, Corp., a Nevada corporation (“Defendant”), hereby knowingly and voluntarily waives service of process and consents to the entry of this Judgment by Confession at the request of counsel for St. George Investments, LLC, an Illinois limited liability company, its successors or assigns (“St. George Investments”), if an Event of Default or  a Trigger Event (as those terms are defined in that certain Secured Convertible Promissory Note made by Defendant in favor of St. George Investments and dated July 1, 2011 (the “Note”)) occurs.  The Judgment Amount (as defined in the Judgment by Confession) shall be all unpaid amounts accrued and owing under the Note at the time the Judgment by Confession is filed.  St. George Investments agrees it will not file the Judgment by Confession unless and until an Event of Default or a Trigger Event has occurred; provided, however, that upon an Event of Default or a Trigger Event, St. George Investments shall be entitled to immediately file such Judgment by Confession in ex parte fashion.  Counsel to St. George Investments shall provide the Court with an affidavit stating that Defendant has failed to abide by and satisfy the terms of the Note and stating the Judgment Amount.


 







 







 







 









  





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HELIX WIND, CORP.


 


 







 



	By:__________________________________________________________	 	Dated:_________________________________________________
	Name:________________________________________________________	 	 
	Title:_________________________________________________________ 	 	 





 








Subscribed and sworn to before me by ________________ on this ___ day of __________ 2011.







 



	 	 	Notary Public





 








  



                          


 


 






 


                                       


 


 


 


 


 


 


 


 


 




  





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EXHIBIT A







SECURED CONVERTIBLE PROMISSORY NOTE