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Home My WebLink About1115 INSTAILMENT NOTE ' (S~cund and Uns~cund) + NeN No. Dahd: 19 Dw: 19 : E, ? 9~.~ ~ • tosn Te?ms: Prxe~ds i n~. 5 0 0. ~ 0 __-------•SIXTY Z..ONT~-?S (5~1 - - - - - _ Nw?NCE = 1. 7 T.1. 00 ~Ntr dah tM undeni9ned. heroinafter called AAake~. iointly and severally C~DE i 2.. 6~J~ p~omiu(s) for wlw ncelved to pay to tM order of J~nan Mach ~ank hen- ~^N^~•n - . inaf»r cailed 9ank, at ih office at ~m~n t~sch Fieti~ ~h~ ~y~ p~ j~Qt~l ~•"'p' ~ ~me~s) cndittife(ortifs None ' - ~i nt Tnousand~'Two~H3~Tc~i~~8"I`rIA~'t}~'='~.'!'gtit"~ti~'t"'._.... ~Disability)Ins.t ° ~ . _ ~ Dollan ' wi nN~yt th~non et tF~ raN oi % pK annum, all (itemiz~) p,yaew io L.o~n Fees 1 y~ ~p t ~ monthly tr~stallments of =~8 T---- ~ach on th~ day of ~ tach woo~ssiv~ monM oo~turnnci an . toq~tF~ with a BALLOON PAYMENT OF i.~. ~one a,. ~ ~tK.~. ~v ~out~ 6, 512. 6~ RNANC~ _ A fln~ tampuNd at tM rat~ of =.OS per 1.00 on each lnstallment in default fw ~~~~h~Y • tod M sxasf of 10 days msy be charqs~ the Maker. No such fins shsll sxceed ~i~ ~~~~~n~ Allaker It nquT~ fo pay all costs of collection, includiny s reasonabk attor- nsy's ies if nferad fo? ooliettion ot lepsl procead!nys. All peytnenh, wMther prin- i--^ -•---Q•'~ dp~i, intenst or othervvis~, not reasiwd when dus shali bear interest at 1096 pe~ snnan frwn du~ daM until paid. All payments made hereunder shall be credited , ANNUAL PERCENTAGE RATE ~j(, Nr~ ro inhre:f, then to lawfui char~ss then aarusd, and last to principal. If t"~II~ loin ispnp~ id i~ full, aocelerated a refinancsd, ths Maker shall as of the date of such event rsceive such refund of the un- ~anwd pation of ths crodit lifs insura~ce premium and finanos chsrpe and such other credit as may be roquired by law or ss may bs neoess~ry to avoid usury, provldad that fhe Holder may rotsin s minimum finarxe chsr9e of 525.00, whethe~ or not othervviss earned, and exppf tn the uss of a refinenciny no finanoe charqe a premium refund shall be msde if it amounts to less than Si•00• Retention , of any minlmum ~nante shall be In s~ditio~ to xrvite tharye if any. Any lanpuaye eisewhere herein to the contrary notwithstsndinq, n~ither Bank aor smr holder heroof shall receive or re~ain any charye w interest not aflowed by law. As secvrity for the peyment of this note Maker has pled~ed or deposited with Bank the following pr Lot I~ia. 1"8, indmill villa~e~ Jen~en gFach. Florid~ a~ de9crii~~~in eaii~ mort a e ---------&--g--- - . - (intluding al) cssh, stotk and other dividends and sll rights to subscribe for securities irxident to, declared w granted it+ tonnection wifh stxh property), whith property, together with all additions and substitutions hereafter pledged or deposited with Ba~k is talled the Col- lateral. The Collateral is also pledged as security fw all other liabilities to Bank, (primary, secondary, direct, contingent, sole, ~oint o? several), due or to becane d~e w which may be hereafter contracted w acquired, of each Maker (or of each Maker and any other per- son). The surrender of this note, upon payment or otherwise, shall not affed the right of Bank to retain the Collateral for such other liabilities. ~ CREDIT ~LIFE AND CREOIT IIFE ~ DISABILITY INSURANCE ARE VOLUNTARY AND NOT REQUIREO FOR CREDIT. S~th insvrante tovera~e is avsilsbk at the cost designated below for the term of the credit: (a) _ for Credit life In- surenoe (b) S-----------.___------------------------------- fw Credit life d. Disability Insurance: Check Appl. ? Credit life Insurance is desired on the life of Box Bi~thdate - p Crcdit Life d~ Disability Insutance is desired oe Birihdate - - - - ~ Credit Life and/or Disabilily Insurance is npt desir ~are- s~9~ru?e _ 1 - Fdvrrin M.. Fry - - s;9~r~,~e y___ ~ ~ Catherine H. Fry ~ Additions to, red~cf'wns or exchsnges of, w substitutio~s for the Collateral, payments accounT of this loan or incresses of the same, or ofher loaru made psrtially or wholly upon the Collateral, may from time to time made without affecting the provisions of this rwte. Bank shall exercise reasonabk care in the custody and preservation of the Coll eral t~ the extent required by applicabb statute, and shall be deemed to have exe?cised reasonable care if it takes such action fw that purpose as Maker shall reasonably request in wtitinp, but no amiuion to do any sct not roquested by Maker shall be deemed a failure to exercise reasonsble care, and no omis- sion to oomply with emr roquest of Maker shall of itself be deemed a fail~?e to exercise reasonable care. Bank shall not be bo~nd to take am steps neoessary fo preserve ar?y r~yhts in the ~ollateral against prior pnAies a~d AAaker shall take all necessary steps fo? such purposes. Bsnk o~ ifs nominee need not pllect interest on or principal of any Collateral w give any notice with respM to it. If the Colleteral shall at any time becoma unsatisfactory to Bank, Maker shall within one day after demand pledge and deposit with Bsnk as psrt of the Collateral additional property whKF? is sstisfactory to Bank_ If Bsnk deems itself insncure, or upor? thehappening of any of the following events, each of which shall constitvte a default here- ~ u~der, all li~bilities of each Maker to Bank shal) thereupon or thereafter, at the optio~ of Bank, without notice or demand, becort+e due and payebl~: (a) the failurc of am? Obligor (which term shall mean and include each Maker, endoner, surety, and 9uarantor of this ; npfe) fp perform sm? sgreement hereunder, to pay interest hereon within ten days after it is due, w if there be no due date, sfter it ~ is billed or Wherwise requested w demanded, to pay any other liability whatsoever to Bank when due; (b) the death of any Oblipor (c) ihs ~ilinp of any petition under the Bankruptcy Ad, or any similar federal or state siatute, by orap ainst any Obli9or; an applita- tio~ for the eppointment o4 a reeeiver fw, the makin9 of sge neral suignment fw the benefit of creditors by, or the insolverxy of any ~ Oblipo?; (e) the entry of a judgement aQainst any Obligor; (f)j the issuing of any attachment or 9arnishme~t, w the filing of arry lien, aqsiiut any property of any Obliflw; (fl) the taking of poueuion of any substantial part of the property of any Obligor at the instance ~ uf any yoverrrnental ~uthoriH: (h) the dissolution, mer9er. consolidation, w reorganization of any Obligor: (i) the au~gnment by any Msker of any equrty in sny of the Collateral without the written consent of the Bank. Each Obligw hereby waives sMr reqvirement of ~ notioe or damand reflecting svch aooelerstion iosofar as such rcquirement be in addition to the mere exercise of amr remedy afforded in this No1s or the institution of suit by the then holder. - Bs~k sh~ll hsvs, but shs11 not be limited to, the following riyhts, eech of which may be exercised et any time whether w not this not~ is due: to pled~e or transfer this note and the Collateral and Bank shall thereupo~ be relieved of a~l duties and responsibilities F~reunder and relieved from any and all lisbil'~ty with respect to any Collateral so pledged or transferred, and aoy pfedyee a trsrn- f~ne shall for all purposes stand in the plaoe of Bank hereuoder and heve atl the riyhts of Bank hereunder; (ii) to tror?sfer the whob o~any part of ths CoIMMrsI iMO the nsme of itself or its nominee; (ii~ to vote the Collaterol; (iv) to notify the Obliqws of any Col- I~Fer~l to make psymern to Bank of any amounts due or to become due thereon; (v) to demand, s~e for, colkcr, or make sny compro- mise or s~t?krne~t if deems desirable with rofe?enae to the Collaterol; and (v~ to take control of any praeeds of Collateral. Bank is hereby yiven s lien upon a~d a sscurity interest in all property of each Obt~gw now a at amr time hercaffer in ihe pos- session of Bu~k in arry tapacity whatsoever, includiny but not limited to sny balsnce or share of any deposit, trust, or ncy saovnt, Bu p fh~ sKUtily for thspsyme M of this note, and a similar lien upon and securiry interest i~ aIl suchp~ ope?ty of each Ma er as secur~fy for ths p~yment of all Wher lisbilities of each Meker to Bank (including liabilities of each Maker and arry other person); and Bank shsfl haw ths same ~iqhri ss to suth property as N has with rospect to the Collateral. If 8ank deems itself insecure w upon the oocurrence af sm? defeult hereunder Ba~k shatl have the foreclosvre and other remedies of a seturod p~AY under the Uniform Commercisl Code, or other applicabk law and, without limiti~ the qenerality of the foregoiny, Bank shall bave the riyht, immediately and without further action by it, to set off sgainst this note all maxy owed by Bank in sny ca- p~city to tech or ~rry Msker and if such set off shall oaur, Ba~k shall be deemed to have exercised such right of set off and to have y md~ a char~ aqeirut a~ry such mo++ey immediately upon tfie occurrence of such default even ~hough such charye is mede or entered ; o0 1M books of Bu~k wbsequent theroto. Unless the Collate~al is perishable or threatens to decline speedily in value or is of a type ~ custpn~rlly soW on a racoqnized market, Bank wiU yive Maker reasonable ootice of the time and place of aay public sab thcreof a of tM time after which any pr'rvate ssle or any other intended disposition thereof is ro be made. The requirement of reasonable ~otiae shall ~ be mst if wch notioe is msiled, postage prepaid, to any Maker st the addreu give~ below or at any other sddrcss shown on the rec- ~ prds of ths Baok, at kut five days before the time of the sale or disposition. Upon disposition ot any Collsteral aher the oaurrente of a~y defsuk hsrevnder, Maker shall be and remsin liabk for any deficiency; and Bank shall aaount to Maker for arry surplus, but ~ B~nk sFNll have ths riqhf to apply ell or anyr part of such wrplos (or to hold the same as a reserve against)~arry and all other liabilities ~ d e~ch w ary 1H1~f~er to Bank. ~ No delay or omission on the part of Bsr?k in exercisirg amr riyht hereunder shall operate as a waiver of such right o~ of any WMr ~ ripM und~~ this nWe. PresentmeM, demand, protest, notice of dishonor, and extension- of time without ratice are hereby waived by ~ach and every Obliqor. The Obli9ors, jantly and severally, promise a~d agree to pay all costs of collection snd reaso~sble attorneys' fees (~of kss than 1096 of the p~incipsl sum) irxurred w paid by Bank _in enforci~g this note upon the oaurtenoe of any defauh. Any nofkt to Maker shell be s~ff'?ciently xned for all purposes if kh. upon or plsced in the mail, postaye prepsid, sddressed to the prrmises d th~ addmss sFwwn bslow or any other sddress showr. on Bank's records. Wherwsr this nots is exacuted by a co-msker or endwxr who is the wife of a maker or endorser, the said wife does hereby ez- pryyly adcnpwl~cip~ the within deM as her joint snd individuel debt. ~ Eed~ of Maker aduwwlsdyes reaeipt of a completed oopy of this fhe e date - - x ~ ~~bl F3::llwooc~ :atrc~t ts..4 : - ~ ' - - - c ~ ~ ~tn .-~~'r y ~ F'31f1: ~E2.Ci] Carciens, Fla i- ' ~S.,q - ~ wmusra~ Cat~lerine H. T~'rv . BOOK~ ~ PAGE1~~,6 , F ~ ~ J~`,~~