HomeMy WebLinkAbout0460 INST/LLIMENT NOTE . . .
. (S~cund and Uewcu~
Nol~ No. Da/~ _ ' ~ h ~19 ~ . Dw: ` ` ~ , 19 ' s , r ` ~ . •0
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afttr daM the ur+der:i~ned, Mreinafter callsd Maker, iointly and swerally ~?~E
promis~(s) fw valu~ received to p ay to the order of J~m~n i~ek h~ra ~'^f^~~ry
inafter called Bank, at it= offke at ~~n~e Mach, florida ths ~m of (tota) i
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cf.~PaYrt?~nts)::: ~'':?•:.,,'1 . ~B:`~~~-~~1;I-~--~,' 'r':rd~~~-~-r~-- ' d~0lsabilit~y)Ins.i
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t1n~~~-• - + - --y-~ ~----y--~ -~Ilan
pfheK (itsmize) _
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with interat theroon at tM raM of _.1:~~.• n_~'. % psr snnum, sll sbk in
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_ monthly (nstalimants of each w? the.:-,-"-":4`~day ot
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eaeh:~aas:lw month aommsnci~q on -.-I.:=~-:-s--•~'?~---• 19---~`:. toq~tM. with
~ BAIIOON PAYMENT OF S..___. Dw 19 Al1AOllNT
' FINANC~ i i~,.:=i~v0
A fine oomputed at ths rate of =.OS per =1.00 on each installme~t in defsuit for ~~ratsly collecr~d
•period in exosss of 10 dsys may bs charyed ths AMke~. No such fine shell excsed ~~s h~i~~
=5.00. Maker is rpuired fo pay all cosn of coilection, incfudinp a reasonabk anor-
ney's fee if rofer~ed fw collection w leysl proc+eadinqs. All paymeMS, wMthet prtn-
cipal, interost or othervvise, not recetved when d!~s shail beer i~terest at 1096 per i------------------------
anrnim from dus date until paid_ All payments n:±ds hereunder shall be uedited ANNUAL PERCENTAOE RATE _,LQ_ yf.
fint to interest, then to lawful cha~qas then accrued, anci iast to principal.
If the loen isprepa id in full, accelereted or refinanced, the Maker shall as of the date of such event receivs such rofund of the un-
esrned pation of ths credit life insurance premium and finance charpe and s~ch otFxr credit as may be req~irsd by law a as msy b~
nsoessary to avdd usury, providad that ihe Holder may rotsin a minimum finance charpe oi 525.00, whethe~ w not othervvise earn~d,
and except in the case of s refinanciny, no ~nance charpe w premium refw?d shail be msde if N amounts to less than s1.00. Relention
of aMr minimum finance shall be in addition to se?vice charge if arty. Any lanyuage elsewhere herein to the contrary notwithstandinp,.
~either Bank rwr any holder hereof shali reteive or retain any charge w interest rwf ellowed by law.
As security for tM payment of this note Maker has pledged o~ deposited with Bank ths following propeAy:
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,
N t: ~ ~ - ~ ...r~,~.L':~.: . *t _ : _ _.:f`2.'~Ce:.
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(intluding a{I tash, stock and other dividends and all ri9hts to subxribe fw seturities intident to, declared a yrented in to~nettion wifh
such properry), which p?operty, together with all additions and s~bstitutions hereafter pledged or deposited with Bank is called the Col-
latera~. The Coiletcrat ~s alw pledged as secu~ity for all o!her liabilifies to Bank, (primary, secondary, direcf, cw~tin~ent, sole, joinf d
several), due w to become due w which may be hereafre~ contracted or acquireu, of each Maker ~w of each Msker a~d any othe? per-
son). The surrender of this note, upon payment or otherwise, shall nol affect the right of 8ank to rctain the Collateral fw such other
liabilities. •
CREUIT LIFE AND CREDIT IIfE 3 OISABIIITY INSURANCE ARE VOLUNTARY AND,~WOT_ REQUIRED fOR CREDIT. Such insurante
coverage is available at the cost designated below for tha term of the credit: (a) s-_L1.3 fw Credit life In-
suranoe (b) S---- fw Credit Life ~ Disability Insurance:
Cfieck ~
Appl. p Credit life Insurance is desired oo the life of .
Box `
- Birthdate ~
Q Credi! life d. Disability Insurarxe is desired on .
- Birthdate
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~ Credit tife and/or Oisability Insuratwe is nPt d~sued• i
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: C S~flnature •t ~ -.~t~-1 _ ~ ~.L
Datr .
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• ilfJ~ ~ J ~'~YICI~~.
S~gnaturs - -
Additions to, reductions or exchanges of, or substitutions fw the Collateral, payments on account of this loan or inc~eases of the
same, or other loans made partially or wholly vpon the Coflateral, may from time to time be made without affecting the pravisiwu
~of ihis note. Bank shall exercise reasonable care in the c~stody and preservation of the Cotlateral to the extent required by applicable
statute, and shall be deemed to have exercised reasonable care if it ~akes svch action for that p~rpose as Maker shalt reasonably roquest
in writiny, but no omission to do any scr not requested by Maker shall be deemed a fa;l~re to exercise reasonable care, and ra omir
san to comply with a~y request of Maker shall of itself be deemed a failure to exercise reasonable csre. Bank shall not be liound to
take amr steps necessary to preserve any rights in the Collatera) against prior paRies and Maker shall take all neoessary steps for such
purpcnes. Bank or its nominee need not collect interest on w prirxipal of any Cotlateral w give amr notioe with respecl to it.
If the Collateral shall at sny time becune unsatisfacrory to Bank, J44aker shall within one day after demaRd pledge and deposit
with Bank as paA of the Collateral sdditional property which is satlsfactory to Bank.
j If Bank deems itself insecure, o? upon the happening of any of the following events, eadi of which shall cortstitvte a defauh here-
under, all lisbilities of esch Maker to Bank shall thereupo~ or thereafter, at the option of Bank, without notite or demand; becortro due
~ and paysbk: (a).the failure of any Obligor (which term shall mean and include each Maker, endorser, surety, and yuarantor of this
! note) to perform any agreement hereunder, to pay interest hereon within ten days after it is due, or if therc be no due dste, affer if
~ is billed or othervvise req~ested or demarxled, to pay any other liabil~ty whatsoever to Bank when due; (b) the death of any Obl'
(c) the filinp of any pefifion under the Bankruptcy Act, or any similsr federal or stafe statute, by or sgainst any Obligw; (e~ an e~
tion for the sppointme~t of a receiver for, the making of aq nerol assignment fw the benefit of vediton by, or the insolvency of a~y
Obliyw; (e) the entry of a judgement ayainst any Obligor, (fj the issuir~ of any attachment w garnishment, or the filirg of any lien,
~ aqainst any property of any Obligor; (g) the taking of possession of a~y svbstantial part of the property of any Obligw at the instance
~ of amr ~over~mental authority; (h) the dissolution, mer~er, consolidatio~, or reorganization of any Obligor; (i) the auiynment by any
Msker of any equity in any of the Collatera! without the written conxnt of the Bank_ Each Obligor hereby waives eny requirert~ent of
notioe or demand reftecting such aooeleration insofar as such requirement be in sddition to the mere exercise of am remedy affordad io
this Note a the institution of suit by the then holder. •
Bank shall have, but shall ~ot be limited to, the following righh, sach of which may be exercised at any time whether ot rat ihis ~
rwte is due: to pledye or transfer this note and the Collateral and Bank shall thereupon be relieved of all dutias and responsibilities
hereunder and relieved from any and all liability with respect to a~y Collate~al so pledged o? transferred, and a~y pleclyee or tnns-
feree shal) fw all purposes sta~d in the plaoe of Bsnk hereunder and have all the riflhts of Bank hereunder, (iQ to transfer the whole
a any paA of the Co II aterol into the name of itself or its nominee; (ii~ to vote the Collateral; (iv) to ~otify the ObUqors of arty Col-
lateral to make payment to Bank of any amounts due w to become due thereon; (v) to demand, sue for, oolled, or make any compro-
mise or settlement it deems desirsble with reference to the Collateral; and (v~ to take control of any procesds of Collateral.
Bank is hereby given a lien upon and a security intercst in all property of each Obligor now or at any time hereaher in the pos-
seuion of Bank in any cnpacity whatsoever, includirq but not limited to any balance or share of any deposit, tnnt, ors~ency attounf,
as the security fw the psyment of ihis note, and a similsr lien upon and xcurity interest in all wchpr operty of each Nbker as secvMy
for the payment of all other liabilities of each Maker to Bank (including liabilities of each Maker ar~d any other person); snd Bank shall
_ havs the same ri9hts as to su~d~ properfy as it has with respect to the Collateral.
~ If Bank deems itself insecure w upon the oaurrcnce of any default hereunder Bank shall have the foreclowre and other remedias
ny ne
of s secured pa under the Unifum C:ommercial Code, or other spplicable law a~d, without limiti the ge~uroliry of the foregoiny,
Bank shall have t right, immediately and without funher action by it, to set off sgainst this note sll money ownd by Bank in any ca-
~ pacity to esch or any Maker; and if such set off shall oocur, Bank shall be deemed to have exercised s~ch riQht of set off and to have
? made a chsr9e against sn such mo~ey immediately upon the occurrence of such defa~lt eve~ though such charge is msde w enterod
~ on ths books of Bank s~~uent thereto. Unless ihe Colleteral is perishable or threatens to decline speedily in value or is of a type
customarily sofd on s recognized market, Bank will qive Msker reasoneble notice of the time and plsce of any publit sak thereof or of
the time after which any private sale or any other intended dispositio~ thereof is to be made. The req~irement of reasonable reotite shall
~ bs met if such nWice is meiled, posteQe prepaid, to arry Meker at the address given below or at e~r other sddross shown on the roo-
~ ords of the 8ank, at kast five days before the time of the sate w disporition.. Upon dispositio~ of any Coltsteral efier the oocurrence ~
0 of any default hereunder, AAaker shall be and rema~n liable for any deficiency; and Bank shall account to Maker far arryr surplus, but
Bank shall have the riflht to apply ali w any part of s~ch s~rplus (or to hoW tha same as a reserve syainst) any and sll other liabilities ~
of each w aMr Maker to Bank. _
No delay a omiuion on the part of Bank in exercisinq any ri9ht herevnder shall operate as a waiver of wcfi i~yht or of any other
L- ~ w ~ ~ipht under thia nWe. Presentmtnt, demand, p.otest, notice of dishorar, and extension of time withaA ~otice are hereby wsived by ~
~ ~ G esch and every Obliyor. The Obliflors, jantly and severally, promise and agree to pay all cosh of collection a~d reasonable attorneys'
fees (not ku than 10% of thepr incipal sum) incurred or paid by Bank in enforcing this note upa? the occurrenoe of any default.
i~ E A~y notioe to Maker shsll be suff'Kiently served for all purposes if kA ~pon or plsced in the mail, posta9e prepaid, sddressed to the
y promises st the address shown below or any other addreu shown on Bank's records.
Wherever this rwte is execwed by a co-maker or endo?ser who is the wife of a maker or endorser, tfie said wife does hereby ez- ~
G W` presslY acknowledye the within debt as her jant and individual debt. ,
~ p Each of Maker acknowladyes reoeipt of a completed copy of th Nota ~n-tb~ sbove det ~ ~~,;~J ~
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