THE
COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE.
IT IS SPECIFICALLY ACKNOWLEDGED BY
THE UNDERSIGNED THAT LENDER HAS RELIED ON THIS WARRANT OF ATTORNEY IN ENTERING
INTO THIS AGREEMENT AND AS AN INDUCEMENT TO GRANT FINANCIAL ACCOMMODATIONS TO
BORROWERS (OR EITHER OF THEM) .
EACH BORROWER AND THE BORROWERS HEREBY IRREVOCABLY AUTHORIZE AND EMPOWER ANY
ATTORNEY OR ANY CLERK OF ANY COURT OF RECORD, TO APPEAR FOR AND CONFESS JUDGMENT
AGAINST BORROWERS (OR EITHER OF THEM: (A) FOR SUCH SUMS AS ARE DUE AND/OR MAY
BECOME DUE ON THE OBLIGATIONS EVIDENCED BY THIS AGREEMENT, AND/OR (B) IN ANY
ACTION OF REPLEVIN INSTITUTED BY LENDER TO OBTAIN POSSESSION OF ANY COLLATERAL
SECURING THE NOTE OR SECURING ANY OF THE OBLIGATIONS, IN EITHER CASE WITH OR
WITHOUT DECLARATION, WITH COSTS OF SUIT, WITHOUT STAY OF EXECUTION AND WITH AN
AMOUNT, FOR LIEN PRIORITY PURPOSES, EQUAL TO THE AMOUNT OF SUCH JUDGMENT, PLUS
ATTORNEYS' COLLECTION FEES.
TO THE EXTENT PERMITTED BY LAW, OBLIGORS: (1) WAIVE
THE RIGHT OF INQUISITION ON ANY REAL ESTATE LEVIED ON, VOLUNTARILY CONDEMN THE
SAME, AUTHORIZE THE PROTHONOTARY OR CLERK TO ENTER UPON THE WRIT OF EXECUTION;
(2) WAIVE AND RELEASE ALL RELIEF FROM ALL REDEMPTION, APPRAISEMENT, STAY,
EXEMPTION, OR APPEAL LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED; AND
(3) RELEASE ALL ERRORS IN SUCH PROCEEDINGS.
IF A COPY OF THIS AGREEMENT,
VERIFIED BY AFFIDAVIT BY OR ON BEHALF OF LENDER SHALL HAVE BEEN FILED IN SUCH
ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL OF THIS AGREEMENT AS A
WARRANT OF ATTORNEY.
THE AUTHORITY AND POWER TO APPEAR FOR AND ENTER JUDGMENT
AGAINST BORROWERS (OR EITHER OF THEM) SHALL NOT BE EXHAUSTED BY THE INITIAL
EXERCISE THEREOF, AND THE SAME MAY BE EXERCISED, FROM TIME TO TIME, AS OFTEN AS
LENDER MAY DEEM NECESSARY AND DESIRABLE, AND THIS AGREEMENT SHALL BE A
SUFFICIENT WARRANT THEREFOR.
LENDER MAY ENTER ONE OR MORE JUDGMENTS IN THE SAME
OR DIFFERENT JURISDICTIONS FOR ALL OR PART OF BORROWERS' OBLIGATIONS, WITHOUT
REGARD TO WHETHER JUDGMENT HAS THERETOFORE BEEN ENTERED ON MORE THAN ONE
OCCASION FOR THE SAME OBLIGATIONS.
IN THE EVENT ANY JUDGMENT ENTERED AGAINST
BORROWERS (OR EITHER OF THEM) HEREUNDER IS STRICKEN OR OPENED UPON APPLICATION
BY OR ON BORROWERS' BEHALF FOR ANY REASON WHATSOEVER, LENDER IS HEREBY
AUTHORIZED AND EMPOWERED TO AGAIN APPEAR FOR AND CONFESS JUDGMENT AGAINST
BORROWERS (OR EITHER OF THEM)
FOR ANY PART OR ALL OF THE OBLIGATIONS;
INCLUDING, WITHOUT LIMITATION, A SUBSEQUENT ENTRY OR ENTRIES OF JUDGMENT BY
LENDER TO CURE ANY ERROR OR DEFECTS IN SUCH PRIOR PROCEEDINGS.
9.18
Usury. If the applicable interest rate from time to time shall exceed
the maximum rate of interest permitted by applicable law, then the applicable
interest rate during such time shall be reduced so as to equal the maximum rate
of interest permitted by applicable law, and, in the event a payment is made by
Borrowers or received by Lender in excess of the applicable legal limits, the
amount of such excess payment shall be