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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />2.5 <br />26 <br />27 <br />28 <br />LAW OFFICES OF <br />Mari D. Poniatowsii <br />ROFESSIONAL CORPORATION <br />2811 CASTRO VALLEY BLVD. <br />SUITE 208 <br />E <br />Attention: Dan Johns, or such other location as Plaintiff shall specify in writing, on or before <br />5:00 p.m. on the due date. Defendant shall be entitled to prepay all or any part of the amount <br />without penalty or bonus. Any amount paid by Defendant in excess of the requisite installment <br />set forth above shall be credited to the next installment. Any excess thereafter shall be credited <br />to each successive installment due until all such sums have been applied. <br />5.2 So long as the installment payments described above are made at the time and in the <br />manner provided, the Judgment described in Section 6 shall not be entered. Otherwise, Plaintiff <br />shall have the right, but not the obligation, to seek entry of the Judgment as described in Section <br />W <br />5.3 Plaintiff shall have the right to attempt to collect funds due Defendant from third <br />parties notwithstanding this Stipulation, including but not limited to collecting funds under that <br />certain Assignment Agreement between Plaintiff and Defendant executed in connection with the <br />Stipulation, which Assignment Agreement shall remain in full force and effect. Any funds <br />collected by Plaintiff from third parties shall be applied to the latest annual installment payments <br />of principal due, and then to the next monthly installment payments of interest due, and then to <br />the final balloon payment described above. <br />6. ENTRY OF JUDGMENT <br />In the event of Defendant's default in its obligations described in Section 5, Plaintiff shall <br />have the right, but not the obligation, to immediately seek entry of judgment ("Judgment") <br />against Defendant at Plaintiff's option, by filing an Ex Parte Application For Entry of Judgment <br />("Ex Parte Application") and a declaration stating that payment has not been made timely and <br />five (5) business days notice to cure has been given by facsimile and regular mail to the <br />Defendant at 17333 Comconex Road, Manteca, California 95336, facsimile number (209) 823- <br />2928 and Defendant's attorney Harry Pascuzzi at 2377 W. Shaw Avenue, Suite 210, Fresno; CA <br />93711, facsimile number (559) 227-1290 ("Declaration"). The Court shall enter the Judgment <br />forthwith without further hearing; provided, however that a copy of the Ex Parte Application, <br />proposed Judgment and Declaration shall be served by mail on Defendant and Defendant's <br />attorney Hang Pascuzzi on the day the Ex Parte Application is filed with the Court. The <br />A.M[ENDED AND RESTATED STIPULATION FOR ENTRY OF JUDGMENT AGAINST Page -5- <br />