Legal Consent to Judgment

LEGAL CONSENT TO JUDGMENT

In the located in , State of , Case No. , Plaintiff: , and Defendant: (each a Party and collectively the Parties), hereby enter this Legal Consent to Judgment on the terms set forth below.

RECITALS

WHEREAS, Plaintiff commenced an action against Defendant in the above-captioned court alleging claims described in the pleadings filed in this action; and

WHEREAS, Defendant acknowledges indebtedness or exposure to liability arising from the claims and desires to avoid further litigation expense by consenting to entry of judgment upon the terms set forth in this instrument; and

WHEREAS, Plaintiff is willing to accept a judgment in accordance with the terms stated below and to permit entry of the judgment by the clerk or judge of the court without further proceedings.

NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1. CONSENT TO ENTRY OF JUDGMENT

Defendant hereby irrevocably and unconditionally consents to the entry of judgment in favor of Plaintiff in the aggregate principal amount of $ (the "Principal Amount"). Plaintiff is authorized to present this Consent to the court and to request that the court enter judgment in favor of Plaintiff in the Principal Amount together with interest, costs and attorney's fees as set forth herein.

2. JUDGMENT AMOUNT, INTEREST, FEES AND COSTS

The judgment shall include: (a) the Principal Amount set forth above; (b) pre-judgment and post-judgment interest at the rate of per annum from until paid; (c) reasonable attorney's fees in the amount of $ ; and (d) court costs and other recoverable expenses in the estimated amount of $ . All amounts set forth in this paragraph shall be included in or added to the judgment as permitted by law.

3. PAYMENT TERMS; SATISFACTION OF JUDGMENT

Defendant shall pay the judgment in accordance with the following schedule and terms:

Payments shall be applied first to accrued interest, second to costs and attorney's fees, and then to principal. Upon receipt by Plaintiff of payment in full of all amounts due under this Consent and the judgment, Plaintiff shall execute and file with the court a satisfaction of judgment. If Defendant fails to make any payment when due and such failure continues for a period of days after written notice of default, Plaintiff may declare the entire unpaid balance immediately due and payable and pursue all remedies available under the judgment and applicable law.

4. WAIVER OF DEFENSES AND RIGHTS

Defendant knowingly, voluntarily and intentionally waives any and all defenses to entry of judgment, including but not limited to: (a) service of process; (b) insufficiency of process or service; (c) lack of jurisdiction; (d) statute of limitations to the extent permitted by law; and (e) the right to demand notice of the presentation or entry of the judgment. Defendant further waives any right to stay, to post bond, to seek a continuance, or to object to entry of judgment on the grounds that Plaintiff has consented to its entry.

5. ENFORCEMENT

Plaintiff may present this Consent and any proposed form of judgment to the court for entry. Upon entry, the judgment shall have the same force and effect as any other judgment of the court. Plaintiff shall be entitled to enforce the judgment by any remedy provided by law, including execution, garnishment and levy. Defendant consents to entry of execution and other enforcement measures without further notice in the event of default as set forth in Section 3.

6. ATTORNEY'S FEES AND COSTS

In the event of any action to enforce this Consent or the judgment, the prevailing party shall be entitled to recover reasonable attorney's fees, costs, and expenses incurred in connection with such enforcement, including fees on appeal and post-judgment collection. Any fee award shall be included in the judgment and collectible as part of the judgment.

7. REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants that it has full power and authority to enter into this Consent, that the person signing below on its behalf is fully authorized to do so, and that this Consent constitutes a valid and binding obligation enforceable against such Party in accordance with its terms. Defendant represents that this Consent is given freely, without duress, and with a full understanding of its legal rights.

8. NOTICES

All notices, requests, demands and other communications required or permitted under this Consent shall be in writing and shall be deemed given when delivered personally, sent by certified mail (return receipt requested), or delivered by nationally recognized overnight carrier, to the addresses set forth below or to such other address as a Party may designate by written notice in accordance with this Section.

9. GOVERNING LAW; JURISDICTION

This Consent shall be governed by and construed in accordance with the substantive laws of the State of , without regard to its choice-of-law principles. The Parties submit to the exclusive jurisdiction of the court identified in the caption for purposes of entry and enforcement of the judgment.

10. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT; WAIVER; COUNTERPARTS

This Consent constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Consent is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Consent may be amended only by a writing signed by both Parties. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. This Consent may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

11. ADDITIONAL PROVISIONS

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