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HomeMy WebLinkAbout0282 ? . ~ 4 6ANK~NA E~l lkt~:k (S~cund~~~ndE Uns~cvnen . ~ -•+t~ Cc~~t~~*_~c:~ : t. , ~T~-::}~:n i.~~~,ii, ~lar. i•~a ~u•: J- 19 i, ~ s 4, fit~l. 2() - LOCATION twn Te~ms: ~ . NON No. - Dat~d: s~~ s~'~ , 19 3 fi i~. ~ 0 - Praeeds : f~w?NCE ~OQ9.20 ' _ CHAROE _ s•'--~ - -~-t>0~ _ rlcu~t~;~_ - after date the undersigned, hereinafter called Maker, ~ointly and severally Oocumero~ry i.._....___..____._._..__._. promisa(s) tor value received to pay to the order ot the Bank. at its otfice Samps as Iisted above the sum oi (total of payments)._.. Credit life (o~ lih ~1~,i7.~i7 _ S ' d~ Oissbility) Ins.t . ~-Z _ Fil~ti?ID..-1.~.. ~._A'~II3 _ 20~00----~------- - _ Other (itemi:e) . - ~ollari - with i~t~rsst thereon at the rate of _..._.t .....96 p~r annum~ all rebie in . . s -----~Q-- monthly Instsllments of 5---•-7~_!Q? each on th~ _.-:5 day of ' each suaessive month commenci ` . _ rq on _=.lli,t 19.~.~,.. toqe?her with AMOUNT ~ BALLOON PAYMENT OF =--.._..L~QI]@-------------~ ~ - ~ ~9 • 3 672..~d NNANCED t - --...t A fins computed at the rate of =.OS per f1.00 each instsl!ment in defsult for ~~~ately coll~cqd ~ period in excsu of 10 days may be char9ad the Maker. No s~ch fine shall exceed ~~~~s (ittmize) =5.00. Makt? is required to pay all costs of collection, inctudiny a reasonable atto~- nsy's f~e if roferred fa oollection or kpal praecdinys. All payments, whethe. pri~- i..-•-••---•-•--•-• dpal, int~rost or otherwiss, not retsived when due shall bear interest at 1096 per annum from d~e dste until paid. All psyments made hereunder shsll be credited ANNUAL PERCENTAGE RATE _.1Q_ % ~ fint to interest, tF+en to lawful charqes the~ accrued, and Isst to p.incipal. If ths loan is prcpaid in full, accelera~ed os reiinanced, the Msker shell as of the date of such event nceive such rotund of the un- sarned portion of the tredit life insuraoce premivm and finance cha+ge and s~ch other credit as may be rsqui~ed by Iew or u may bs nsceu~ry ro svoid usury, p?ovided that the Hotder may re~ain a minimum finance charpe of 525.00, whethe. or not otMrwis~ earosd, ~ and except in the case of a refinsncinp.-no finsnce charpe or premium refund shall be made if it amounts to ku tM~ =1.00. R~tention . of any minimum finance shsll be in addition to service charge if any. Any lanytraqe elsewhere herein to ths tontnry twtwithstandinp, n~ither Bank nor srsy holde~ heroof shaU ~eceive or retain any charqe w interest not allowed by law. i As secvrity for the payment of this note Maker has pled9ed w daposited with Ba~c fotbwirp propsrly:,~__Q:~~~~ ~ ed in~st ii~.. ~ Twrtle _A~f..Crand. z_~ _~eaozt3ed_ in_O.R.~'--- _------~5d~--'P~e ~931, ..__t~it, ~ . . _ - ar~d ~ "35 .~ii--~c~.. L-7 ar~d i3~it i~e~t__ 33 i.~ Ct~3..--~~~.r_._~F?~ :--:~oB_.--.~-_ ~ atx~--~~'I-~'--`--'~t:tiv~-y- es - ~ - - - - ~ - - - - 1 (irxludiny all tash, stock and other dividends a~d alt rights to subscribe for securifies incident to, detlared or gra~tsd in connxfion witF~r~~i~ ~ such propertY), which property, rogether with all add~tiwss and substitWions hereafter p~edged or deposited with Bank is called the Col- lateral. The ~ollateral is also pled9ed as ucurity for all other liabiliries to Bank, (~rimary, secondary, direct, continpent, sole, joint o~.t1 3i3~ seversl), dve w ro become due w which may be he?eafter contracted a acquired, of each Maker (o~ of esch Maker and any other pe,I- son). The surrender of this note, upon peyment or otherwise, shall not affttt the ?iyht of Bank to retain Ihe Collate?al fot suth cf1+e~Y~~a~-'• } liabilities. • ~ CREDIT IIFE AN~ CREDIT LIFE 3 DISABILITY INSURANCE ARE VOIUNTARY AND NOT REQUIRfD FOR CREDIT: 'Such insuraexe ;j coverage is availabb at the cost designated below for the term of the credit_ (a) s.._..._.._.___.__,______ for Credit ~ife In- ~ surance (b) s _ fw Credit Life 3 Disability Insurance: - Chsck . . ~t Appl. ? Credit life Insurence is de~ired o~ the life of t Box ~ - ; - ~ - - - Binhdate - - 0 Credit life ~ Diubility Insura~te is desired on - - - - - . - Birthdate ~Credit Life snd/or Disabiliry Insurance is nof desired. --.-F-------------------- i , , - - . `C: . ! a ! ^ ~.i_~.'rC,t_..~ C+r1r1 H~.C~ j Date: Siyaature .--------~::r:`---~--~------•--------•---i- ~ ' 1 , : Siynaturs .--'~----~-1-~:`°^~ ~--~.--~-~---c.~t~..,~y.------ t'''~.'i~~it! Additions to, reductions or exchanges of, or s~bstrtutions for the Collateral, psymenb~ on aaoum of thia ban or irxroases of the ~ i ssme, or other losns made partiatly o? wholly upon the Collsterel, may from time to time be msde without affectirq 1he p~oviaior?s of this note. Bank shall exercise reasonabte care in the cuslody and preservation of the Collateral to the extent ~equired by applicable ± stat~te, and shall be deemed to have excrciud reasonnb~e care if it takes such action for that purpose as AAaker shall reasonsbly request ' in writinq, but no omission to do any act not requested by Maker shall be deemed a fa~ture to exercise ressonable c~re, and no amir ' sion to comply with any request of Maker shall of itself be deemed a failure to exercise reasonable care. Bank shaN rtot be bo(ind to take any steps neceuary to preserve any rights in the Collateral against prior parties and Maker shall take all neceissry steps for wch ' purposes. Bank or its nominee need not collctt interest on or principa! of any Collateral w give any notice with respetf to it. ` I If the Coltateral shsll at any time become onsatisfactory to Bank, Msker shafl withi~ one day aNer demand pled9s and depoait i i with Ba~k as psrt of the Collatersl addirional property which is satisfactory to Bank. If Bank deems itself insecure, or upon the happening.of any of the following eve~ts, each of which shal: constitute • defauh herr ~ ~ under, all liabilities of esch Maker to Bank shall thereupw~ or thereafter, at the option of Bank, without notice or demand, becoms due E ~nd paysble: (a) the failure of any Obligor (which term shall mean and include each Maker, endoru~, surety, and yuarantw of this ~ f note) to perform any agreement hereunder, to psy interest hereo~ within ten days after it is due, or if there be no due date, after it ~ is billcd w otherwise requested a demanded, to pay any other liabi~ity whatscever to Bank when due; (b) the death of any Obliqo~; 7 ? (c) the filin~ of any petition under the Bankruptcy Ad, or any similar federal or state ststute, by orag ainst any Obliyw; an spplica- ; I tion fw the appointment of a receiver for, the making of a general assignment fw the benefit of creditors by, or ~he insolvency of any ~ Obligor; (e) the entry of a judgement against any Obtigor; (f) the issuing of any attachment or yarnishment, w the filir?~ of any lien, } = sy sinst any property of any Obligor; (g) the taking of possession of~any substentia! part of the p~operty of any Oblipor at the instance = ~ of sny governmental aulhority; (h) the dissolution, merger, consolidation, or reorganization of any Obliyw; (i) the assiynrr+~nt by any ~ Maker of sny equity in any of the Collateral without the written consent of the Bank. Each Obligor hereby waives any requirement of ~ notice o~ demand reflecting such acceleration insofar as s~ch requirement be in addition to the mere exercise of any remedy affwded in ~ ; this Nofe or the instifution of suit by the~lAeh hoMer. ~ Bank shall have, but shall not be limited to, the following riahts, each of which may be exercised at any time whet{xr or not this i note is due: (i) to pledge or tronsler this note and the Collateral and Bank shall thereupon be rclieved of all duties and respo~sibilities ' ~ hereunder and relieved from any and all tiability with respect to any Colleteral so pledyed or transferred, and any pledyee or trans- ~ ~ feree shall fw all purposes stand in the place of Bank hereunder and_ have all the rights ot Bank hereunder; (ii) to transfer the whole _ w any part of 1he Collaleral into the name of itself w its nominee; (ii~ to vote the Collateraf; (iv) to notify 1he Obli~ws of any Col- ~ laterel to make payment to Bank of any amou~ts due or to become due thereon; (v) to demsnd, s~e for, collect, w make a~y compro- # ~ m~se w settlement it dcems desirable with reference to the Collateral; and (vi) to take control of a~y proceeds of Collateral. ; 8ank is hereby given a lien upon and a security interest in all property of each Obligor now or st any time hereafter in the pos- seuion of Bank in any capatity whatsoever, includinp btA not limited to any balance or share of any deposit, trost, wsye ocy atco~nt, ; ~ as the securjty for t}~e payment of this note, and a sim~lar lien upon and security intercst in all suth property of esch Maker ss securi~ ; „ fo~ the pay~+t~t of all other liabilities of eech AAaker to Bank (including liabililies of each Meker and arnr other person); and Bank sha I ~ ~ have the sdn~e rights ss to such property as it has with fespecr to the Coltaterol. 3 If Bank deems itulf insecure w upon the occurrence of any default hereu~~ Bank shall have the foreclosure and ofher remedies 3 ; of a secured party under the Unifwm Commercial Code, or other appticable Isw end, without limiting the genetality of the fweqoin~, Bank shall have the right, immediately and without further action by it, to set off ayainst this note all money owed by Bank in any ca- ~ y pacity to each o~ any Maker; and if such ut off shall occur, Bank shall be deemed to have exercised such r~'yht of set off and to have ~ mede a charqe against any s~ch mor?ey immsdiately upon the occ~rrence of svch defa~lt even thouyh svch chsrfle is made or e~tered ~ on the books of Bank svbsequent thereto. Unless the Collateral is perishable or threatens to decline speedily in value or is of a type ' customasify sold on a recognized market, Bank wi!I flive Maker reasonable notice of the time and place of any public sale thereof a of ~ the time after which any private sale w any other i~tended disposition thereof is to be msde. The requirement of ~easonsble notice shall { ''r, be met if such notice is mai~ed, postage prepaid, to any Maker st the address given below or at any other address shown on the rec- ~ 1 ords of the Bank, at least five days beEOre the time of the sale w disposition. Upon disposition of any Coflateral after the occurrerxe ~ ~ ~ of any default hereunder, Msker shall be and remain liable for any deficiency; and Bank shsll account to Maker for any surpius, bvl ; Bank shsll have the right to apply all or any part of svch surplus (or to hold the same ss s rexrve against) any and afl other liabitities ~ ~ ~ of each w any Maker to Bank. i ~ No delay or omission on thp psrt of Benk ~n exercising any right hereunder shell operote as a waiver of such ri9ht or of s~y ofher ~ right under rhis note. Presentmenr, demand, protest, not~ce of dishonor, snd extension of time without notice are hereby waived by ` esch and every Obligw. The Obligors, jointly and severolly, prom~se and apree to pey all cpsts of collection and reasonable attorneys' ; ~ fees (not iess than 10% of the principal s~m) incurred or paid by Benk in enforci~g this note upon the ottvnence of eny defeulf. • } ~ Any notice to Meker shsll be sufficiently served for aH purposes if Icft upon or placed i~ the mail, postaye prepaid, addressed to the ~ ~ ~ premises at the sddress shown below or any other address shown on Bank's records. ~ by ex- Whe.ever this note ~s executed by s co-maker o? endorser who is the w]fe of a maker or endwser, the said wife does here ~ ~ pressly acknowledpe the w~thin debt as her joint and individuat debt ~ ~ ~ Exh of Maker acknowledges receipf of a comple~ed copy of this Not ~orl the ebovq'~date. _ ~ r, . . r ~ ' , t~, ~ Add.es~~ ~7 . "I ~ - - - ~ . ~ _ ~~n ~ ~ ~ - - - - - . - - - - - - , , , - ~a.. ~'C£' ''1;~~ ~'.2.Cii3 i~'k1'_'1 ~#:.t.:.-:t?'S? 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