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IN THE STATE COURT OF FULTON COUNTY
STATE OF GEORGIA
v. ) CIVIL ACTION CASE
Mrs Doe, )
WHEREAS, the above-captioned matter was filed on October 11, 2002; and
WHEREAS, the parties acknowledge that possession of the Leased Premises has been returned to Plaintiff; and
WHEREAS, the parties wish to resolve this matter according to the terms and conditions hereinafter set forth as evidenced by the signatures below.
NOW THEREFORE, BY CONSENT OF THE PARTIES AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the Defendant, , shall pay to the Plaintiff the sum of $17,717.87 (hereinafter “the Settlement Amount”) as follows:
a. Plaintiff acknowledges receipt of the sum of $2,393.75, representing the Defendant’s security deposit, which will be applied to the Settlement Amount; and
b. The sum of $400.00 on or before November 2, 2002; and
c. The sum of $400.00 on or before December 2, 2002; and
d. The sum of $400.00 on or before January 2, 2003; and
e. The sum of $500.00 on or before February 2, 2003, and continuing on the 2nd day of each consecutive month until the Settlement Amount is paid in full.
All payments provided for in this order shall be paid in cash, certified funds or attorney trust check and are to be made payable to landlord.
Should the Defendant default in the payment of the Settlement Amount pursuant to this Order, Plaintiff shall give written Notice of Default, Certified and Regular Mail, return receipt requested to Tenant.
In order to validly cure any default, Defendants shall pay a $100.00 late charge contemporaneously with payment of the past due amount. Defendant’s right to notice of default pursuant to this paragraph will be limited to two events of default over the term of the Consent Order. In the event notice is given for two separate events of default, then Plaintiff shall have no duty to give notice of default in the event of a further default, but may proceed with its remedies as hereinafter set forth.
Should Defendant fail to cure the default within five (5) days after the receipt of the notice, Plaintiff’s attorney may notify the Court of the failure by filing an Affidavit of Default which sets forth what amounts have been received by the Plaintiff and the nature of the default. Upon such filing, without the need for further hearing or other notice to Defendant, a judgment for the Settlement Amount, $17,717.87, as reduced by any payments actually received by Plaintiff, shall issue instanter.
Upon timely receipt of the full payment of the Settlement Amount due pursuant to this
Order, Plaintiff shall dismiss this action, with prejudice.
SO ORDERED, this the day of , 2002.
Judge, State Court of Fulton County
**Judge’s Name (Typed or Printed)**
ORDER PREPARED BY:
Attorney for Plaintiff
CONSENTED TO BY:
Christopher Simon Attorney at Law
Attorney for Defendant
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