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HomeMy WebLinkAbout0699 • J~s~;~en B~ach Bank INSTALtMENT NOTE ~ BANK NAME , . IS~~Yf~ and UnNCV~~ ~l0 Cc~w~rci~l Bt. . Jenes~n Be~ch~ PL i Dw~f ~1~'~` + 19 ~1_: ~,.:~~.Aa IOCATIqN ~ loan Terms: Not~ Ne. D~t~d: 19 Pr«eed: i ........~l.~.~a.RQQ_ NNANCE _ ~ ~16.~0 CMARGE .......t •----•-••-----••-•fii~t,~....tQQa ,~QA.thl! . _ _ . atte? date the unders~gned, herelnafter called Make~, ~o~ntly and severally Docvmenqry t promise(s) for value rece~ved to pay to the o~der ot the f3ank, at ~ts otfice Samps - as I~sted above the sum of (total oi payments). . Credit life (o. Life 'I1~1~1 'Ili~l~!ND_._..'l91iD. E~. ~IIl~3'1"Y J1I~~ 40~10o-'~"'-""""' d~ Disability) Ins.t . . . . - . . . Oollsrs Ofher (itemize) - . _ with interoat thereon at 1he rate ot .1V aStV '7o per ennum, an payaote ~n - s - - ----~Q----- each on the ~~1. day of mw~thly instalimen?s of S ln 3~ each suaessive month commencinq on , _ u..~a t' 19. y. togethe? w~th ~OUNT a BALIOON PAYMENT OF s..I~ . . . Due _ . 19 pINANCEO = A fine computed at the rate of s.05 per =1.00 0~ each instal'ment in de(ault for a period in excess oI 10 days may be charged the Maker. No such fine shall ezcecd ~Pa~ately colletted f5.00. Msker is ~equircd to pay all costs of cotlection, includ;n9 a?easonable a~tor• charpes (itemize) _ ~?ey's fee if referred for collectic+n w legsl p?xeedinqs. AII payments, whether prim tip~l, interest or othe~wise. not received wh~n due shall bear interesl a! 1096 pe? i.._ annum from due date until paid. All payments made he?eunder shall be credited ANNUAL PERCENTAGE RATE ~Q_._ ~f fint to interest, then fo lawful charqes then acc.~ed, and last to principal. ~ If the loan is prepaid in futl, accelerated a refinanced, the Msker shall as of the dete of s~ch event rxeive such refund of the u~- earned porfion of the credit life insurance p~emium and finance charge and such other credit as m~y be required by Isw w at may b~ necessary to avoid usury, provided that the Holder may .etain a mirnmum finance charge o~ s25.00, whether or not othervvise earn~d, and except in the csse of s refina~c~ng, no finance charge o~ prem~um refund shall be made if it amounts lo less than :1.00. Retention of any minimum fi~ance shall be in addition to service charge if any. Any languaye elsewhere herein to the conlrary rwtwithstandiny, neither Bank nor any holder hereof shsll receive or reta~n any charge w interest not altowed by law. As security for the payment of this note Msker has pledged o~ deposited with Bank the following property:. _~._.Q~~';~38__utxiivided ~.nt+~=~Lt__~~__4.~~~'±'-1g_x~' .~j~--~i ~~._~__~?L~~..~?Gk~"_~..e__~?93~..,.t~t`t~.i~ We~cs 20~7,1~30,31._i?~,Ccs~d.. C 3, ~?P't_. t~b.._C=3 as ,cleacribed in ~ai~ (includiny all cash, stak and o~F.er d~vidends and all r~ghts to subx.ibe for securities inddent to, declared or qianted in connection~with suth propery), which property, together with eli additions and substitutions hereafter ptedged w deFosi!ed with Bank is called the COl- lateral. The Collateral is also pledged as secur~ty.for a11 othe. 1iab~I~tSes ro Bank, (primary, secondary, direct, continpent, sole, joint or several), due or to become due or which may be he.eafter contracted w xquired, of eech Maker (o? oi esch Maker and any other per- sor~). The surrender of this ~ote, upa+ payment or otherwise, shall not affect the right of Bank to retain the Collateral io? such oth~r lisbilities. CRED~T l~fE AND CREOIT IIFE 3 DISABIUTY INSURANCE ARE VOLUNTARY AND NOT REQUIRE~ FOR CREDIT. Suck insursnce coversge is available at the cosr de:~gnated below for the term of the c.ed~t: (a) S . for Crodit life In- surance (b) s _ _ - - . _ _ _ for Credit life d Oisabitity Insurance: Check Appl. ? Cred~t life Insurance is desired on the life of _ _ _ . . - Box . _ _ • _ _ Birthdate _ +J Credit life 3 Disability Insuronce is desi.ed on . - ~ - - Birthdate _ - - - . - . - - - ~Credit Life and/or Oisability Insurance is not ~sired. . - _ p : ~ Oate: _.~1_'..~~f-- - Siqnature X r' r _--=3~ ,.~:1 L. FCLrikdo~p Signature x. ,L-- ---.~k1 " - ~ ~ 8. F@~lCS~+. - Additions to, reductions or exchanges of, or substitut~ons fo. the Collateral, payments on account of this loa~ or increases of M~e seme, or other loans made partiatly or wholty upon the Collateral, may from rime to time be made withovt affecting the prwisions . of this note. Ba~k shall exercise reasonable ca:e in the custody and preservation of the Coliateral to the extent required by appliubte statute, and shall be deemed to have exercised reasoraab~e care if it rakes svch actio.~ fw that purpose as Maker shalt reasonably requesf in writiny, but no omission to do any aa not requesfed by Maker shali be deemed a failure to exercise reasonable care, snd no omis- s"wn to compfy with n~y request of Maker shall of itul4 be deemed a failure to ezercise reaw~sble care: Bank shell not be bound to i take a~y steps necessary to prcserve any r~ghts ~n the Col~ateral against prior parties and Maker shall take all necesssry steps fw such pvrpoxs. Bank or its nom~nee need not collect interest on or principal o.` any Collateral or give any notice with respect fo if. ' If the Collateral shall at any time become ur.satis~acto.y ta Bank, Maksr shall wirhin one day after demartd p{edqe and deposit f wiTh Bank as part of the Co!laterat addit;onal property which is satisfactory to Bank. I If Bank deems itself ir.secure, or upon rhe happen~ng of any of tne fo~tovvinq events, each of which shall constitvfe • default here- ~ under, ali liabiliries of each Maker to Bank shali thereupo.+ o. thereafter, at the option of Bank, without notice o~ demand, become due I and payable: (a) the failure of any Obligor (wh:ch term shall mea~ and inciude each Maker, endorser, surety, and qwrantor of this ; note) to perform any agreemenr hereunder, to pay interest hereon within ten days afte. it is due, or if the.e be no due date, after it is billed w otherwise reques~ed ar demanded, to paY any other liabil~ty whatscever to Bank whan due; (b) the desth of any ObligOr ~ (c) tl?e filing of any petition under the Bankruptcy Acl, or any similar federol or state statute, by or against any Obliyor; (d) an applita- ~ tion fw the appointment of a receiver for, the making of a general ass~g~ment for the benefit of creditors by, or the inwlverxy of a~y Obliyor; (e) the entry of a iudgement against a~y Obligor; (f) rhe issu~ng of any attachment or qarnishment, or the fi~inq of eny lie~, against any property of any Obligor; (g) the taking of possession of any substantial part of fhe property of any Obliflw af the instsnte i of any governmental authority. (h) the dissalut:cn, merger, conso~idarion, or reorganizatio~ of any Oblipor; (i) the assiynment by any ~ Maker of any equiy in any of the Collateral without the written consent of the Bank. Each Obligor hereby waives any requirement of notice or deme~d reflecting svch acceieratio~ insofar as such requirement be in addition to the mere exercise of any remedy afforded in this Note o~ the instifution of suit by the then holder Bank shall have, but shall not be limited to, the follqwing riohts, each of which may be exercised at any time whether or nof this note is due- (i) to pledge or transfer this note and the Cbllaterat and Bank shal~ thereupon be relieved of all duties and responsibilities ~ hereunder and retieved from any and al~ liabil~ty w~?h ~espect to any Colletera~ so pledged or ersnsferred, and any pledgee o~ trans- ~ feree shall for atl purposes stand ~n the plxe of Bank hereunder and have all the .~ghts of Bank hereunder; (ii) to transfer the whole or any part of the Collateral into the name of itself or its nominee; (iii) to vote the Collateral; (iv) to notify the Obligws of sny Col- ~ laferal to make payment to Bank of any amounts due or to become due thereon; (v) to demand, sue fw, collect, or mske any compro- mise or settlement it deems desirable wirh .eference to the Collateral; and (vi) to take control of any prxeeds of Collateral. Bank is hereby given a lien upon and a security interest in all property of each Obligor now or at any time heresiter in fF~ pos- ~ session of Bank in any capac+ty whersoever, including b~n not limiied to any balance or shere of any deposit, trust, aaqe nty actount, ~ as the security for the payment of this note, and a similsr tien upon and sectrrity interest in all such property of eech Maker as set~ri~ ~ for the payment of all orher liab~lities of each Nlakei to Bank (including tiabilities of each Makcr snd any other person); and Bsnk sha I have the same rights as to such properfy as it has with respect to rhe Cotlateral. ~ If Bank deems itself insecure or ~po~ the acurrence of any default hereunder Bank shall have the fweclosure and other remedies of a secured party under the Uniform Commercial Code, or other applicable law and, wi~hout limiting the generelity of the fweyoiny, " Bank shall have the r~ght, immediately and without further action by it, to set off against this ~ote ell mo~ey owed by Bank in any cs- ~ pacity to each or any Maker; and if such set off shall occur, Bank shall be deemed to have exercised such right of set off and to have : mede a charge aga~nst any such money ~mmediarety upo~ thc occurrence o~ such default even though svch charge is msde a entered ~ on the books of Bank s~bsequent th~reto Unless the Collateral is perishable or threatens to decline speedily i~ value w is of s fype ~ cusroma•ily sotd on a rtcognized market, Bank will give Maker reasonable notice of the time and place of any public sale thereof or of the time after which any private sale or a~y other ~ntended disposition thereof is to be made. The requirement of reasonable r?otice shal~ ' be met if such notice is mailed, postage prepa~d, to any Maker at the address given below or at any othe? address shown on the ret- ~ ords of the Ba~k, at itast five days be~ore the rime of rhe sale w d~spos~tion. Upo~ d'+sposition of any Co~lateral after ihe xcurrence ~ of any de~sv~t hereunder, Maker shal~ be a~d .ema~r. I~ab!e for any defic~ency: and Bank shall accovnt to Maker fw any surplus, but ~ Bsnk shall have tF.c righr ro apply all or any part of such surplus (or to hatd the same as a reurve syai~st) any and all other liabilities . ~ of esch or any Maker to Bank. ~ No delav or omiss~on on the pa~t of Bank in exercis~ng any .ight hereunder sha~l operate as a waiver of such riyht or of any other ~ right under this note. Vresenrme~t, demand, prores!, nonce o( d~shonor, and e~tension of rime withovt notite are hereby waived by each end every Obligor. The Obtigo~s, ~oinrly and seve.aily, prom~se and agree ro pay all costs of collection and reesonable attwneys' fees (not tess than 10% of the p•i~cipal sum) incurred or paid by Bank in enforung this note ~pon the xcurrence of any defeult. Any notice to Maker shall be suificiently served for atl purposes if left upon w p~accd in the mait, postaqe prepaid, address~d to the ~ prcmises at the address shown be~ow or any other address shown on Bank's records. ~ Wherever rh~s no+e ~s execured by a co-maker or enda~ser who ~s rhe w~fe of a maker or er+dorse~, the said wife dxs hereby ex- ~ pressly acknowledpe the wi+hin debt as her ~o~nt and lndividuat debt. • Each of Maker acknowledyes rece~pt o/ e complered copy of this Note on ~he above dete. ~ E'248 ~vE~~O IT. ~ L3}C9 ~2LX~ ~ FZ ~l - , : _ Addross: - _ - - . ' _r . : (5~~4 ~ . c~iff"c~-L. 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