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HomeMy WebLinkAbout0703 . t . . _ _ , ~ : ` ~ ; INSTAItMENT NOTE ~ .;rn~._;~~. .s~, . AANK NAME ~ ~ (SKIIIfd •Dd uDNtY1~) ~ (1: 'Zi'L~j. . • a..t. ~~7 ~ : A, '14'.. ! r~;f,'t ~ i:. i.r ~ D - 19 ' LOCATIQN NoN No. D~I~d: "1 . 19 lwn T~rm~: ~ Proceeds = j.~..t_~...(in.---- :.]:~~t.y { t: J ? . :i FINANCE i . _ i ~ 3 3s~ _ _ _ CHARGE . . . . . atter date the unders~gned, here~nafter calied Maker, jomtly a~d severelly Oocum~nury i_.....____......_ promise(s) ~or value recerved to pay to tfw order oi tttlr Bank, at ~ts ollice S~amps , as I~sted above the sum of (total of payments): Credit life (or lifs ~ I~j.L~_~ , , ~L~:i- i~.Zii.}~L ;~:~.ti-':'~f-~~'~;-.:.Ysl2-'-uur`7 ~~zl---~. a Dissbility) Ins.i ' - Dollars ~he~ (itemize) ~ _ _ _ _ . _ - - - - - - with interost thereon at the rote of (k.~F~ 96 per an~um, all ~y~ble in = ^ ...i;;._._.__ monthly insullments of each on the :'.O .~day of = e+ch suaessive month cammer+cinp on 19 t ther with _..:.t~.:_L. - . AMOUNT • BALLOON PAYMENT OF _r~.3F~ . . . Dve . _ . . t9 - FINANCE~ S . . ~l.~.!.~i1~___. A fine computed at the rate of =.OS per 51.00 on eath in;tsl!men? in defauft fo~ x~~ately wlletted - • period in excess of 10 days may be charged the Maker. No suth fine shall exceed ~hsr9es (itemiZe) _ ' s5.00. Make~ is required to pay all costs of collec~ion, including a reasonable attor- ` aey's fee if refe~red fw collection or leqal prxeed~ngs. All payments. whether prin- : cipal, interost w oti?erwise, not received when dve shall bear interest at 1096 per i_.. ' ann~m from dus date until paid. All payments made hereunder shall be c~edited ANNUAL PERCENTA~RATE X first to interesl, then to lawful charges then accrued, and last to principal. If the losn is prepaid in full, accelerated or ?efinanced, the Maker shall as oi the date of such event ~sceive such ref~nd of the un- earned portion of the credit life insurance premium and finance tharge and such atl,er credit as may be requ~red by law w as msy be nscesssry to avoid usury, p?ov:ded that the Holder may retain a minimum finance charge of =25.00, whether or not othetwise earned; i and except in the case of a refinsnctng, no finance charge o. prem~um refund shall be made if it emo~nts to less than i1.00. Retention ~ of any minimum finance shall be in addition to secYite shar9e if any. Any langua9e elsewhe~e herei~ to ths contrary notwithst~ndinp, neither Bank na any holder hereof sha~I receive or retai~ any charge o? inte~est not allowed by law. _ As security for the payment of this note Maker has p~ed9ed o~ deposited with Bank the fotlowiny property: _',..::1._~~i'ti__lil~3.V1i:P~C1 ~~1~-;7'i'_ ~ f.Tl ':'~<Z':-iE.' r:tfz'f •~C3'~-t 1-~-~- -~~~1..""~~ -~--~i~t._.~_ L:iY-s. ~~:..~s~1~._~i- ,xR . ! - ~ ~ . . - > a~~, ~ ~ L: ;:zx.:. c.-~~,~ .•ao. -1t~ ~~c sR~i r~ ; ~ ~ t:.. _ - ~ . - (intludiny sll cssh, stock and otF.er dividends and atl rights to subscribe for securities incident to, declared pr granted i~ connection with t such. property), which p~operty, together w~th all add~t;ons and subst~tut~ons hereafter pledged or deposited with Benk is called the Cd- latera~. The Collateral is also pledged as security for all other Iiabiliries to Bank, (prima~y, secondary, direct, continflent, sote, joint or i severaq, due or to become due or wh~ch may be ~e~eafter contracted w acquired, of each Maker (w of each Maker and any other per• Yon). The surrender of this note, upoR payment or otherwise, shall not affec~ the right of Bank to retain the Cellateral fo~ such other lisbilities. CREDIT LIFE AND CREO~T LIFE d. OISABIIITY INSURANCE ARE VOLUNTARY AND NOT REQUIRED fOR CRE~IT. Such insursnce coverage is ava~lable at the cost designated below for the tum of tne credit: (s) S f~ Credit life In- • surance (b) Z _ . for Cred~t Life 3 Disabiliry Insurance: , Check ~ • Appl. ? Gedit life Insurance is desired on the life of - - - _ ~ : Box - - - - - _ . Birthdare _ - . ' ? Credit life 3 D~sability lnsurance is desired on • ~ - - - - - - _ _ Birthdate ? Credit life and/or Disabilify Insurante is nof~~t~sirid. < 5 - - - - d ~ _ i~F , _ _ . ; , Date• ~ ~ S~ nature ~ ' - • - s-•J-~E. 9 }C:-~.. .!~:.r:.v. _~rt -f ~ ti'~1i:i~ ~ . 's.L':::~Si~ , Signature nts? r - " { - [ ~ - ~~~.1 : ~;i:S ~[77: ~ Additions to, reductions or exchanges of, or s~bst~tutioqs for the Collateral, paymenis on accouni of this Ipan or increases of the same, or other loans made part~a~ly or wholty upbn the Collate.al. may from rime to time be made without af(ecting the provisions: j~ r`~ of this note. Bank shall exercise reasonable care in the custody and preservation of the Colfateral to ihe extent required by appliubll / ~ sfatute, and shall be deemed to have exerused reasonab~e care if it takes such acfion for that purpose as Maker shall reasonably requesf i ; in writing, but no om~ssion to do any act nor requested by Maker shall be deemed a failure to exercise reasonabl~ ure, and no omis- ~ sion fo comply.with any request of Maker shal~ of itself be deemed a failure to exerc~x reasonable care. Bank shal) not be bound fo s take any steps necessary to preserve any rights in the Co~~ateral against prior parties and Maker shall take all necessary sreps fw such - purposes. Bank or its nominee need not co!lect interest on or principat of any Collateral or give any notice with respecf to it. ~ If the Collateral shall at any time become unsatisfacto~y to Bank, Maker shait wirhin one day aher demartd pledye and deposit ~ with Bank as part of the Collate~al additfona~ property which is satisfadory to 8ank i If Bank deems irself insecure, or upo~ the happening of any of the follow~ng events, each of which shall constitute a defa~lt here- under, all liabilities of each Maker to Bank shalt thereupon or thereafter, at the op~ion of Bank, without notice a demand, become due and payable: (a) the failure of any Obligor (which term shall mean and include each Maker, endorser, surety, and 9uarantor of this note) to perform any agreement hereunder, ?o pay interest hereon within ten days after it is due, or if there be no due date, after it is billed or otherwiu reques~ed or demanded, to pay any other liab~l~ty whatscever to Bank when due; (b) the death of any Obliyor (c) the filing of any petition under the Bankruptcy Act, or any s~mi?ar federal or state statute, by or against arty Obligor; an applica- ~ tion for the appointment of a rece:vei for, the making of a ger.era~ assignment for the benefit of creditors by, or the insolvenCy of any Obligor; (e) the entry of a j+idgemenr against any Ob~~gor; (f) the issu~ng of any attachment or garnishment, or the filing of any lien, - ~ agains~ any property of any Obligor; (g) the raking of possession of any substantial part of the property of any Oblipor at the instance ; of any governmental authonty: (h) the disso~ution, merger, consolidat~on, or reorganizat~on of any Obligor; (i) fhe ass~gnment by any Maker of any equ~ry ~n any of the Collateral without the wr~tten to^se-^-! of !he Bar.k. fach Ob!igar hereby wsives any requirement of ~ notice or demand reftect~ng such accelerat~on insofar as such requirement be in addition to the mere exercix of any rertxdy sfforded in = ~ this Note or the institution of suit by the then holder. : 8ank shall have, but shall not be limited to, the fo~lowing riohis, each of which may be exercised at any time whether or nW this note is due: (i) to p~edge or transfer this note and the Co!lateral and Bank shall thereupon be relieved of all dufies and responsibilifies ~ ~ hereu~der and rel~eved from any and alf liabil~ty w;th respect to any Cotlatera~ so pledged or transferred, and any pledgee or trans- feree shall foi all purposes stand the place of Bank hereunder arsd have all the rights of Bank hereunder; (ii) to tra~sfer the wfiole ~ S or any pan oi the Collateral into the name of itself cr its nom~nee; (~ii) to vote the Collateral; (iv) to notify the Obligws of any Col- ~ i payment to Ba~k ~f a^; a.^.M_n.s ~:a.:.a due thereon; (v) to demend, sue for, collect, w make an com o- ~ lateral to make • a••° ~ M mise w settleme~t it deems desirable with reference to the Collateral; and (vi) to take control of a~y proceeds of Collaters . a s Bank is hereby given a lien upon and a security interest in all property of each Obliga now or at any time hereaher in the pos- i ~ session of Bank in any capacity whatsoever, irulvding but not limited to any balance or share of any deposit, frust, or agenty atcounf, 8 as the security fw the payment of this note, and a similar liert upo~ and securify interest in all such property of each Maker as security ~ f~ the payme~t of all other liabilities of each Maker to Bank (including liabilities of each Maker and any other perso~); and Bank shall ~ have the same rights as to such property as if has with respect to the Collateral. ~ ; If Bank deems irself insec~re or upon the occurrence of any default hereunde. Bank shall have the foreclos~re a~d other remedies E of s secured parry under the Uniform Commercial Code, or othe. applicabte law and, without limiting the generality of ~he fwegoing, i ~ Bank shall have the .ight, immediately and witho~t further adion by it, to set off against this note all money owed by Bank in any ta- t 3 patity to each or any Maker; and if such set off shall occur, Bank shall be deemed to have exerc~sed s~?ch right of uf off and to have 1 3 made a charge against any such money immediately upon the xcurrence of such default even tho~gh such charge is made or entered ~ ~ on the books of Bank subsequent thereto Unless the Collateral is perishable o. th:eatens to decf~ne specdily in value w is of a type ~ ~ customarily sold on a recoq~szed marker, BaRk will give Maker reasonable not~ce of the time and place of any public sale thereof or of ~ ~ the time after which any private sale or any other intended disposition thereof is to be made. The requirement of reasonable notice shall ~ be met if svch notice is ma~led, postage prepaid, to any Maker d the address given be~ow or at any other sddress shown on the ret- ords of the Bank, at least five days before the t~me of the sale or disposition. Upon disposi?io~ of any Colleteral after the occurrence ; of any defautt hereunder, Maker shall be and re~+a~n I~ab~e for any deficiency; snd Bank shall sccou~t to Maker for any surplus, but ~ Bank shatl have the .ighr ~o apply atl or any part of such surptus (or to hold ihe same ss a reserve againsf) any and all other lisbilities ' ~ of ea,h or any Maker to Bank. ( ~ No delav or om~ss~on on the part of Bank in exercising a~y r.iyht hereu~der shall operote ss a waiver of svch right or of any other } s right under rh~s nore. P.esenrment, demend, proresr, not~ce of di~henor, and extension of time without notice are hereby wsived by ~ each and every Obt~gor. The Obligors, ioinNy and uverally, prqm ise and agree to pay all costs of collection and reasonable atto~neys' ~ fees (not tess than 10% of the p~~nupal sum) irxur;ed or paid !'~r Bank in enfwcing this ~ote upon the occurrence of any defsult. ~ ~ Any notice to Maker shaN be sufficientty served for aN purposes if leff upon or pfaced in the mail, postape prepaid, sddressed to ths ? premises at the address shovvn be~ow or any other address shown on Bank's records. ' ~ Wherever th,s note is executed by a co-maker o~ endwser who ~s fhe wife of a m~ker or endorser, fhe ssid wiie does hersby ex- . ~ pressly scknowledye the wnh~~ deb~ as her ioint and ind~vidual debt. _ ; : Each of Maker acknowledges .ece~pt of s compteted copy of this Not~ on the above date~ • ` . _ , . f. ~ ; - . . , - ~ ~ • fi~. ~ . . . . . - = Address: ~ - - . _ Y` _ , ~ -t"t~ --i+~ f - - l~Mn r ~ . ~ : r~ Z5~ ~ f; . . ~ ~ F::~ ~ . _ P11GE ~ _ _ - _ - ,.*z. 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