Common use of Confession of Judgment Clause in Contracts

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s attorney-in-fact to appear in the Circuit Court of the City of Newport News clerk’s office and to confess judgment against Borrower for the unpaid amount of this Agreement as evidences by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement have been paid in full.

Confession of Judgment. Upon a default Without limiting the generality of any other provision of this agreement, the undersigned principal and indemnitors hereby jointly, severally and irrevocably authorize and empower any attorney of record, or prothonotary or clerk of any court in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s attorney-in-fact any jurisdiction to appear for any or all of them at any time or times in any court with respect to any sums due under this agreement, with or without declaration filed as of any term, to waive the Circuit Court of the City of Newport News clerk’s office issuing and service process and to confess or enter judgment against Borrower any or all of them for the unpaid amount of all such sums payable under this Agreement agreement as evidences evidenced by an affidavit signed by an officer authorized representative of Lender surety setting forth for the such amount then due, plus reasonable attorney’s fees plus costs fees, cost of suitsuit and interest, with release of all procedural errors and to release all errors, and waive all rights without right of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-factappeal or stay of execution. If a copy of this Agreementagreement, verified by an affidavit, shall have been filed in the proceedingbe filed, it will shall not be necessary to file the original as a warrant of or attorney. Borrower waives The undersigned jointly and severally waive the right to any stay of execution and the benefit of any and all exemption laws exemptions to which they may now or may hereafter in effectbe entitled under law. No single exercise of the foregoing warrant and power to bring an action or confess judgment will shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; power but the power will shall continue undiminished and may be exercised from time to time as Lender may elect often as surety shall elect, whether before or after demand is made, until all amounts owing on sums payable to surety under this Agreement agreement have been paid in full.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Hxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Hxxxxx’s rights under this section, including without limitation the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender Holder may elect until all amounts owing on this Agreement Note have been paid in full. The Company hereby further waives and releases any and all claims or causes of action which the Company might have against any attorney acting under the terms of authority which the Company has granted herein arising out of or connected with the confession of judgment hereunder. Notwithstanding anything to the contrary contained herein, Holder shall not exercise its rights with respect to the foregoing power of attorney unless or until an Event of Default has occurred. Neither the Confession of Judgment nor the Investor shall not be bound by Section 5.6 of this Agreement and the Investor shall have the option to commence legal proceedings with any court of their choosing.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer any attorney of Laxxxxx Xederal Credit Union either one any court of who may act as Borrower’s attorney-in-fact record to appear in for the Circuit Court of the City of Newport News clerk’s office Borrower and to confess judgment as often as necessary against the Borrower in favor of Healthtronics, as of any term or time, for the unpaid amount of this Agreement as evidences by an affidavit signed by an officer of Lender setting forth for the amount then above sums plus interest due, attorney’s fees plus together with costs and other expenses of suitlegal proceedings and reasonable attorneys’ fees, and to with release of all errors, errors and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. appeal If a copy of this Agreement, Note verified by an affidavit, affidavit shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and in power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, voidable or void; but the power will continue undiminished and may be exercised from time to time as Lender Healthtronics may elect until the Principal Amount and all other amounts owing on payable under this Agreement have been Note are paid in full. The Borrower hereby waives and releases any and all claims or causes of action, which the Borrower might have against any attorney acting under the terms of authority which the Borrower has granted herein arising out of or connected with the confession of judgment hereunder. S. The following provision is included as Section 7.15:

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Xxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Xxxxxx’s rights under this section, including without limitation the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender Holder may elect until all amounts owing on this Agreement Note have been paid in full.. The Company hereby further waives and releases any and all claims or causes of action which the Company might have against any attorney acting under the terms of authority which the Company has granted herein arising out of or connected with the confession of judgment hereunder. Notwithstanding anything to the contrary contained herein, Holder shall not exercise its rights with respect to the foregoing power of attorney unless or until an Event of Default has occurred. Neither the Confession of Judgment nor the Investor shall not be bound by Section 5.6 of this Agreement

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower Xxxxxxxx hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law, including an attorney hired by Xxxxxx, to appear in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower Xxxxxxxx for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s attorneys' fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement Note have been paid in full. Xxxxxxxx waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Xxxxxxxx in confessing judgment against Xxxxxxxx while such attorney is retained by Xxxxxx. Xxxxxxxx expressly consents to such attorney acting for Xxxxxxxx in confessing judgment.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Xxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Xxxxxx’s rights under this section, including without limitation the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender Holder may elect until all amounts owing on this Agreement Note have been paid in full. The Company hereby further waives and releases any and all claims or causes of action which the Company might have against any attorney acting under the terms of authority which the Company has granted herein arising out of or connected with the confession of judgment hereunder. Notwithstanding anything to the contrary contained herein, Holder shall not exercise its rights with respect to the foregoing power of attorney unless or until an Event of Default has occurred. Neither the Confession of Judgment nor the Investor shall not be bound by Section 5.6 of this Agreement.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, The Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxxempowers, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act the Lender and any attorney-at-law, each as the Borrower’s attorney-in-fact fact, to appear ex parte in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower the Company for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender Xxxxxx setting forth for the amount then due, attorney’s including attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreement, Note verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. The Borrower waives the right to contest Xxxxxx’s rights under this section, including without limitation the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender Holder may elect until all amounts owing on this Agreement Note have been paid in full. The Company hereby further waives and releases any and all claims or causes of action which the Company might have against any attorney acting under the terms of authority which the Company has granted herein arising out of or connected with the confession of judgment hereunder. Notwithstanding anything to the contrary contained herein, Holder shall not exercise its rights with respect to the foregoing power of attorney unless or until an Event of Default has occurred. Neither the Confession of Judgment nor the Investor shall not be bound by Section 5.6 of this Agreement and the Investor shall have the option to commence legal proceedings with any court of their choosing.

Confession of Judgment. Upon the occurrence of a default in payment of hereunder, the Indebtedness at maturity, whether by acceleration or otherwise, Borrower Debtor hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer any attorney of Laxxxxx Xederal Credit Union either one any court of who may act as Borrower’s attorney-in-fact record to appear in the Circuit Court of the City of Newport News clerk’s office for and to confess judgment against Borrower the Debtor for the unpaid amount of this Agreement the Liabilities as evidences evidenced by an affidavit signed by an officer of Lender the Bank setting forth for the amount then due, plus 15% thereof, but no less than $5,000, as an attorney’s fees plus 's commission, with costs of suit, and to release all of errors, and waive all rights without right of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreementhereof, verified by an affidavit, shall have been filed in the said proceeding, it will shall not be necessary to file the original as a warrant of attorney. Borrower The Debtor waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will shall be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; , but the power will shall continue undiminished and may be exercised from time to time as Lender may elect often as the Bank shall elect, until all amounts owing on this Agreement Liabilities have been paid in full.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower Xxxxxxxx hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law, including an attorney hired by Xxxxxx, to appear in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower Xxxxxxxx for the unpaid amount of this Agreement due and owing in connection with the Loan Documents, as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s reasonable attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this Agreementthe Loan Documents, as may be applicable, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower hereby waives the right to any injunction which would prevent Lender from taking judgment under the Loan Documents by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement the Loan Documents have been paid in full. Xxxxxxxx waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Xxxxxxxx in confessing judgment against Xxxxxxxx while such attorney is retained by Xxxxxx. Xxxxxxxx expressly consents to such attorney acting for Xxxxxxxx in confessing judgment.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act Xxxxxx X.Xxxxxxxxxx as Borrower’s Xxxxxxxx's attorney-in-fact to appear in the Circuit Court of the City of Newport News Fairfax County clerk’s office 's officer and to confess judgment against Borrower for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, plus attorney’s 's fees as provided in this Note, plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement Note have been paid in full. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $12.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with which Borrower pays is later dishonored.

Confession of Judgment. Upon a the occurrence and during the continuation of any default under the secured promissory note described in payment Section 1(b) of this Settlement Agreement, and in addition to any other right or remedy of Cemtrex hereunder, under the Indebtedness secured promissory note or otherwise at maturitylaw or in equity, whether by acceleration or otherwise, Borrower Gxxxx hereby irrevocably authorizes and empowers Naxxxxx XxxxCemtrex or its legal counsel, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act each as Borrower’s Gxxxx’x attorney-in-fact fact, to appear in the Circuit Court of the City of Newport News clerk’s office ex parte and without notice to Gxxxx to confess judgment against Borrower Gxxxx for the unpaid amount of this Agreement secured promissory note as evidences evidenced by an affidavit the Affidavit of Confession of Judgment signed by Gxxxx as of the date of this Settlement Agreement and to be completed by Cemtrex or its counsel pursuant to the foregoing power of attorney (which power is coupled with an officer interest), a copy of Lender setting which is attached as Exhibit B hereto (the “Affidavit”). The Affidavit shall set forth for the amount then duedue hereunder, plus attorney’s fees plus costs and cost of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for Gxxxx waives the above named attorney-in-fact. If a copy of right to contest Cemtrex’s rights under this AgreementSection 4, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives including without limitation the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant right and power to confess judgment will be deemed to exhaust the such power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the , and such power will shall continue undiminished and may be exercised from time to time as Lender Cemtrex may elect until all amounts owing on this Agreement the secured promissory note have been paid in full.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law, including an attorney hired by Xxxxxx, to appear in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower for the unpaid amount of this Agreement due and owing in connection with the Loan Agreement, the Note, and/or other Loan Documents, as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementAmendment, the Note, or other Loan Document, as may be applicable, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower hereby waives the right to any injunction which would prevent Lender from taking judgment under the Loan Agreement, the Note and/or other Loan Documents by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement the Loan Agreement, the Note and/or other Loan Documents have been paid in full. Xxxxxxxx waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Xxxxxxxx in confessing judgment against Xxxxxxxx while such attorney is retained by Xxxxxx. Xxxxxxxx expressly consents to such attorney acting for Xxxxxxxx in confessing judgment.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturityTo induce Xxxxxx to accept this Note, whether by acceleration or otherwise, Borrower Xxxxxxxx hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law to appear in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower Xxxxxxxx for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower waives the right to any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement Note have been paid in full. Borrower hereby waives and releases any and all claims or causes of action which Borrower might have against any attorney acting under the terms of authority which Xxxxxxxx has granted herein arising out of or connected with the confession of judgment hereunder.

Confession of Judgment. Upon a default Consistent with the terms set forth in payment of the Indebtedness at maturityTerm Loan Note, whether by acceleration or otherwise, Borrower Xxxxxxxx hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law, including an attorney hired by Xxxxxx, to appear in any court of record, after the Circuit Court of the City of Newport News clerk’s office obligations become due, and to confess judgment against Borrower for the unpaid amount of this Agreement due and owing on the Term Loan Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementAgreement and the Term Loan Note, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower hereby waives the right to any injunction which would prevent Lender from taking judgment under this Agreement and/or under the Term Loan Note by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement and/or under the Term Loan Note have been paid in full. Xxxxxxxx waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Xxxxxxxx in confessing judgment against Xxxxxxxx while such attorney is retained by Xxxxxx. Xxxxxxxx expressly consents to such attorney acting for Xxxxxxxx in confessing judgment.

Confession of Judgment. Upon a default in payment of the Indebtedness at maturity, whether by acceleration or otherwise, Borrower Xxxxxxxx hereby irrevocably authorizes and empowers Naxxxxx Xxxx, Cuxxxx X. Xxxxx xr an authorized officer of Laxxxxx Xederal Credit Union either one of who may act as Borrower’s any attorney-inat-fact law, including an attorney hired by Xxxxxx, to appear in the Circuit Court any court of the City of Newport News clerk’s office record and to confess judgment against Borrower Xxxxxxxx for the unpaid amount of this Agreement Note as evidences evidenced by an affidavit signed by an officer of Lender setting forth for the amount then due, attorney’s attorneys’ fees plus costs of suit, and to release all errors, and waive all rights of appeal. By a written instrument Lender may appoint a substitute for the above named attorney-in-fact. If a copy of this AgreementNote, verified by an affidavit, shall have been filed in the proceeding, it will not be necessary to file the original as a warrant of attorney. Borrower hereby waives the right to any injunction which would prevent Xxxxxx from taking judgment under this Note by confession, and any stay of execution and the benefit of all exemption laws now or hereafter in effect. No single exercise of the foregoing warrant and power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as Lender may elect until all amounts owing on this Agreement Note have been paid in full. Xxxxxxxx waives any conflict of interest that an attorney hired by Xxxxxx may have in acting on behalf of Xxxxxxxx in confessing judgment against Xxxxxxxx while such attorney is retained by Xxxxxx. Xxxxxxxx expressly consents to such attorney acting for Xxxxxxxx in confessing judgment.