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HomeMy WebLinkAbout0316 u.~ ~.~u~n,tE ~Securau anu unNturvu) _ 40 Co, ~~;ercial Street, ,iensen beach, Fla. p~~, Aur; l: 1~__ 19 G1 s~SCG.(;0 LOCAT~ON ~ 1 ~ '~b loan Termi: Not~ No. Dat~d; ` ~ - ~ . 19 Pr«eed~ 3 ••-.~r.f:.i...._-~--••---- ~__._.---.___....__..--•----Si~.~~'._..~.::U.1---,_.c,ntns-• - FINANCE 3 _ CHARGE after date the undersigned, here~natter called Make~, jo~ntly and severally Docume~rary t......__,___..._,..._~... promise(s) for value ~eceived to pay to the orde~ of the Bank, at ~ts o(f~ce S~smps as listed abova the sum of (total of payments) Credit tifa (or lifs F~~-?.~..~.i._,;_~.~;~ar.d__`.i~~s_..?~~n~x.c~...:~ix2~y.-:~ix...aasi..G~11~4-_._-...- d~ Disebility) Int.s Doll.r• Othsr (itsmize) - " ' s with interest thereon at the rate of ~~,;.._......_9G per annum, atl payable in . s __5a._.---• mon~hly installments of =...-jf;..~~,;..----.. esch on the .~~t_... day of i each auccessive month commencinp on ._,'ay ,'1.•.---...-.. 19 ---..76 together with AMOUNT ~ BAIIOON PAYMENT OF s. Duo , 19 . ~ fINANCED = ....3..at3~..aa.....__ A(ine computod et the ~eto of 5.05 per 51.00 on each instal!menl i~ d~fauh (or e~~rotely collecled e period in excess of 10 days may be charged ~he Maker. No sucii (ine sl~all exceed ~hsr es ~r 55.00. Make~ is required to pay all costs of colleclion, including a~easonablo eltor- fl emi=e) ney's fee if ro(erred fo? cotlection or kpal p~oceedings Ali payments, whelhe? prin- tipal, interosf o? othe~wise, no1 reccived when duo sheli bcar inrerest at 1096 per i snnum from due dare until paid. All payments msde hereunder shall be aedited ANNUAL PERGENTAGE RATE .10 first to interesr, fhen to lawiul tMarpes then accrved, and las? to principal. If 1he loan is prepaid in full, sccelerated or refinanced, the RAaker shall as of ~he date o( such event ~eceive such refund of the un- earned po~tion of Ihs credit life insurarxe premium end finance charge and such a~her credit es mav be required by law a as may be necesssry fo evoid usury, provided tMt 1he Holder msy retain e minimum finance charge of i25.00, wAsthe~ a not othervviu earned, and except in ths cese of a refina~cing, no finance charge w p.emi~m refund shell be made if it amoums 10 less than =1.00. Rete~tion of s~y minimum finance shell be in addilion to service cha:ge if any. Any language elsewhere herein to Ihe contr~ry notwilhat~ndinp, neither Bank nw •ny holder hereof shall receive or retain any charge or interest not allowed by law. As security for ~he payme~t of this note Makei hss ptedged w depos~ted with Bank the followinq prope?ty:l~__~,0769.~ _.ur~dived interest__i~,l._.Turtle___~.e_4f_.4c?nd._._1,._recorded__in_.U,.__R.__.Book__250,___~ag~_ 2931.._..Unit_l.~ceks 24 and._25__in__Con~.. C.-1_2,_.Apt.._~lo.__C-12._._.as described___in. said__nortgage. _ (includiny ell cash, stock and other dividends and all rights ~o subscribe for sec~rities incident to, declered o? granted in connection with suth property), which property, togethtr with ell edditions and substitutions hereafter pledqed or deposited with Bank is called the Col- latersl. The Collaterel is alw pledged as security fw all other liabifities to Bank, (primary, secondary, direct, conti~gent, sole, joint ur seve?al), due or to become due or which may be hereafrer contrac~ed or acquired, of each Maker (or of esch Msker and any other per- so~). The surrender of this nots, upon peyment ot olherwise, shall not af(ect the ripht oi Bank to relain ths Col~ete~~l for such olher liebilities. CREDIT IIfE AND CREDIT IIFE b DISA81l~TY INSURANCE ARE VOIUNTARY AND NOT REpU1RED FOR CREDIT. Suth insurance coverafle is availeble at the cost desip~ated below for the term of the credit: (a) S for Credit life In- suranoe (b) s-------_---------_-•---_---------------•----------------•---•------- for Credit life 3 Disabitiry Insursnce: Check ~ pl. Q Credit life Insurancs is desired on tha lifs of Birthdate - - . - j~ Credit Life a Disabiiity Insuronce is desired on - B~rthdate - -------------------•--.r..-- ~ Credit tife end/or Disability Inwronce is not d. - - ~ - Date: --/~j~~~,~---~~.s---~.~7~?- Signawre .X.. . __N'.G!L i..~__~~ - - - - :v : :~.7. ~~:.i. J r. - ~ " - Signawro .X--:~_:•-~~~~.: - - Betty J . ~'tBCeiC Additions to, reductions or exchanges of, or substitut~ons for the Collate.al, payments on account of this loan or irx.eases of the same, or otfier (oans made pa.tialfy or wholly upon the Cotlateral, may fran lime to time be made without affecting Ihe provisions of this note. Bank shall exercise reasonable care in the custody and preservat~on of the Collateral to the extent required by applicable statute, and shall be deemed to have exercised reawnable care if it ~akes s~ch action fw that purpose as Maker shall reasonably request in writinQ, but no omiss~o~ to do any ad not .equested by Maker shall be deemed s failure ro exercise ~easonable cere, a~d no omis- sion to comply with any request of Maker shatl of itself be deemed a failure to exercise reasonable care. Bank shalf not be bound to take any steps necessary to preserve any rights in the Collateral against prior parties and hAaker shall take all necessary steps fo~ stxh purpases. Bank w its nominee need not collect interest on or principal of any Collateral or give any notice with respect to it. ' If the Collateral shall at any time become unsatisfactory to Bank, Maker shail within one dsy after demand pledpe and deposit ; with Bank as part of the Collaterai additional property which is satisfactory to 8ank. ! If Bank deems itself ~nsecure, or upon the happening of any of the following events, each of which ahall constitute s default here- under, all liabitities of each Maker to Bank shall ihereupon or thereafter, at the option of 9ank, withovt not~ce or demand, become dve ; and payabie: (a) the faiiure of any Obligor (which term shall mean arr! include each Maker, endorser, surety, end guarentor of this j note) to perform any agreement here~nder, to pay interest hcreon within ten days after it is due, o? if there be no due da1e, after it - is billed or otharwise requested or demanded, to pay any other I+abiLt~ whatscever to Bank when due; (b) the death of any Obligor; R (c) the fitinfl of any petirion under the Bankrupt~y Act, or any simila. federal or state statute, by or ayainst eny Obligor; en applica- ~ tion fw the appointment of a ~eceiver for, the making of a genera! assi9nment fo? the be~efit of creditors by, or the insolvency of any Obligor; (e) the entry of a judqement aga~nst any Ob~igor; (f) she issuing of any aftachment or garnishment, or 1he filing of any lien, ti against any property of any Obligor; (g) the taking of possession of any substantiai part of the property of any Obligor at the instance ~ ~ ~ of any governmenta~ authority; (h) the d~ssolution, ~nerqer, consolidar~on, or .eorganization of any Obligor; (i) the assignme~t by any ~ Maker of eny equity in eny of the Collsterat witho~t ths written consent of the Bank. Each Ob~iqor hereby weives eny requirement of nmice o? demend reflectinq such acceleration insofar ss such requirement be in sddition to the mere exercise of eny remedy sfforded in ~ thi: Note or the institution of suit by the then holder. Bank shall have, but shall not be limited to, the following riohts, each of which may be exercised at any time whether or not this ~ note is due: (i) to pledge or transfer fhis note and the Collate.a? and Bank shall thereupon be relieved of all duties and responsib~lities ~ herevnder and relieved from any and all liability with respect to any Collaleral so pledged or transferred, and eny pledgee or trans- ~ feree shall lor all purposes stend ~n the place of Bank hereunder and have atl the rights of Bank hereunder; (ii) to trans(er the whole w any part of the Coliateral into the name of itself or its nominee; (iii) to vote the Collate?al; (iv) to ~otify the Obligors of eny Col- ~ laterel to make payment to Bank of any amounts dve or to become due thereon; (v) to demend, sue fo~, collect, or make eny tompro- ~ mise or senlement it deems desi.able with re(erence ~o the Collateral; and (v~) to take control of any proceeds of CoHsteral. Bank is hereby given e lien upon and e security interest in ail property of each Ob{igor now or et any time hereafter in the pos- ~ session of Bank in a~y capacity whetsoever, including but not limited to any bafance o? share of any deposi?, trust, w agency xcount, as the sec~rity for tl~e payment of this note, end a similar lien upon and security interest in all suCh property of eath Maker as security ~ fw the payment of aH o~her liabilities of each Maker to Bank (induding liabiliries of each Maker and any other person); end Bank sha{I have the same rights as to such p~operty es if has with respect to the Collateral. ,y If Bank deems itself insecure or upon the acurre~ce oi any defauh hereunder Bank shall have the foreclosure and other remedies - of a secured party under the Uniform Commercial Code, ar other applicable law and, witho~t limiting the generaliry of the foregang, - Bank shall have the right, immediately and witnout furtner action by ir, to set off agains~ th~s note all money owed by Bank in any ca- - patity to each or any M.aker; and if svch set o~f shall occur, Bank shatl be deemed to have exercised such right of set off and to have ~ made a charge against a~y svch money immediately upon the occurrence of scxh default even thovgh such charge is made or entered on the books of Bank subsequent thereto. Unless fhe Collateral is perishable or threatens to decline speedily in value or is of a type ` customarily sold on a recognized market, Benk will giva Maker reasonable notice of the time and place of any public sa~e thereof or of ~he rime after which any private sale or any other i~tended disposition thereof is to be made. The requirement of reasoneble notice shall be met i( svch notice is mailed, postage prepaid, to any Maker at the address given below or at any other address shown on the rec- ords of the Bank, at least five days before the time of the sate or disposition. Upon dis,~ositio~ of any Collateral afrer !he occurrence of any default he~eunder, Maker shall be and remain liable for any deficiency; and Bank shall sccount to Maker for any surplus, but Bank shall have the right to apply all or any part of such surplus (or to hold the same as a reserve ayainst) any and all orher liabil~ties of esch or any Maker to Bank. _ No delsy or omission on ~he part of Bank in exercising a~y right hereunder shall operate as a waiver of s~ch right or of any other right under this note. Presentment, demand, protest, notice of d~shonor, and extension of time witho~t notice are hereby waived by each and every Obli9or. Tha Ob~:gors, jointly and severally, promise and agree to pay all costs of collection end reasonable attorneys' fees (~o? less then 10% of the principal sum) incurred or paid by Bank in enforcing this note vpo~ the xcurrence of eny defaulf. - A~y nofice ro Maker shsll be sufficie~tly ~erved for e~l pvrposes if I~(t unon or pleced in the msil, posleqe prepsid, ~ddressed to ths ? premia~~ el Ilro e~ldres~ shown bntow o~ eny o~~~e~ nd~lro» ;hown on flnnk's rocord~. Wherever this note is exa~uled by • co•meker or ondorsrr wl~o is tl~e wife o( e meker ot endons~, the ~~id wif~ doe~ hsreby ex- ~ prefsly etknowfedps the wUhEn debr st her iant end individusl debr. Esch of AMker ~cknowiedyo~ rsceipt of • completsd copy of thn N o• on t. vo date. /7 ~w..~., u. t~~~ 's~i')c~ . x ' ~•i„~~i~C,r`c~ li . t'~..~) A _ . L~~,; . ~ ~ ~ . ~ i vi+`t,~~? . c~ X / • ~ . i ~ . P: I t~,. i„~ ~,r ~ . , . , PAGE J~~ •i ~ ~ _ ~ ~ - _ - _ , _ . . . _ . . . _ .