IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
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Telephone: (_____)
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Facsimile:
(_____) ________________
Attorney
for St. Xxxxxx Investments, LLC
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
FIRST
MUNICIPAL DISTRICT
COUNTY
DEPARTMENT – LAW DIVISION
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ST.
XXXXXX INVESTMENTS, LLC, an
Illinois limited liability company, Plaintiff,
vs.
EGPI
FIRECREEK, INC., a Nevada
corporation, Defendant.
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JUDGMENT
BY CONFESSION
Case
No.
Judge
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Pursuant
to 735 ILCS 5/2-1301(c) and the affidavit of counsel for St. Xxxxxx Investments,
LLC, an Illinois limited liability company, its successors or assigns (“St. Xxxxxx Investments”), the
Court hereby enters judgment against EGPI Firecreek, Inc., a Nevada corporation
(“Defendant”), as
follows:
1. Defendant
failed to comply with the terms of that certain Convertible Promissory Note
dated January 15, 2010, made by Defendant in favor of St. Xxxxxx 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. Xxxxxx Investments is hereby entered against Defendant in the amount of
$86,000.00, 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. Xxxxxx Investments.
4. It
is agreed that this Judgment by Confession shall not be filed or recorded by St.
Xxxxxx Investments until or unless Defendant fails to pay amounts due, when due,
under the Note.
DATED this ____day of ___________,
20___.
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BY
THE COURT
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First
Municipal District Court
Judge
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CONSENT
TO ENTRY OF JUDGMENT BY CONFESSION
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COUNTY
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STATE
OF __________________
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Defendant, EGPI Firecreek, Inc., 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. Xxxxxx Investments,
LLC, an Illinois limited liability company, its successors or assigns (“St. Xxxxxx Investments”), if
an Event of Default (as defined in that certain Convertible Promissory Note
dated of even date herewith (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. Xxxxxx Investments
agrees it will not file the Judgment by Confession unless and until an Event of
Default has occurred; provided, however, that upon an
Event of Default, St. Xxxxxx Investments shall be entitled to immediately file
such Judgment by Confession in ex parte
fashion. St. Xxxxxx Investments’s counsel 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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EXHIBIT
A
CONVERTIBLE
PROMISSORY NOTE
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