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HomeMy WebLinkAbout0403 / INSTALLMENT NOTE BANK NAME • (sltYif~ and Uns~cun~ ~r 40 Con~w~rciel St., J~nNn B~ach, FZ 33a~7 p,,.; llcril 21. ~q _Q~. s_~~04T.04 LOCATION DaNd: - Apri 1 15i . 19 7 F lwn Term~: proc~eds s -.l~l~0•~ ~ fINANCE _ . ....Ss~O'~ ` S~vfnty two (T2) Months - . - - CHAROE 31.G5 aiter date the undersigned; hereinafter called Make?, jointly and severally Documsnrary ~ i promise(s) tor value received to pay to thc order oi the Bank, at its ottice ~++~?Ps ' as li a ve the su oi (total of a nts Credit life (o? lih ~M ~ ~wlo°~y-on~ ~ousand t~'o~s~iven and 04/100--=---- d~ Disability) In:.i s - pollars ~r (itemiz~ ~ • . . wi interest ths~eon e1 th~ rate of _ 9l~.. psr an~um, all payable in . _ ~ , __~2_._... monthy irtstdlmenq of =---~~`32.-_ each oo ths ,_.u dsy of Cr~dit R~port: . .........1~•0~ . ~ each suaeuiw month commencinp on _M~._~.~_.._ . 19 toqether with ~ AMOUNT 1lS~781 •69 ~ BAIIOON PAYMENT Of Dus , l9 fINANC~ : l A fins computed st the ~aM of =.OS per =1.00 on each instal!ment in default for ~aratefy collected h • period in excess of 10 days may be charqed the Maker. No such fine shall exceed ~~~~s ~;temize) ~ t`~ t s5.00. Maker is required to pay all costs of coltection, includiny a reasonable a~to~- _ . j - ney i fee if referred iw collection o. leyal proceedinqs. All payments, whe~her prin- nnot cipal, interost or othervyiss. no1 received when due shall bea? interest al 10% per f-- -~'•~-7-~- ' annum from dve date until paid. All payments made hereunder shall be crcdited ANNUAI PERCENTAGE RATE _____.__.9(~ fint to interest, then to tawful charqes then acvued, snd Isst to principal. If Ihe loan is prepaid in full, accelerated w refinanced, the Maker shall as of the date of such event receive such refund of the vn- ' ee?ned portion of the credit life insurance p?emium and finance charge and such other credit ss may be required by law w as may be necessary to avoid usury, provided that the Hoider may retain a minimum finance charge of s25.00, whether a not otherwise earnsd, ~ snd except in the case of a refinancing, no finance charfle or p.emium refund shall be made if it ama?nts lo less thsn =1.00. Retention of any minimum financa shall be in addi?ion to servite charge'~f any. Any language elsewhe~e herei~ to Ihe contrary notwithslsndinp, ~1 neither 8ank nw any holder hereof shsl! reteive w retain any cherge w interest not allowed by law_ As securiry for the payment of this note 1Naker has pledyed w deposited with 8ank the 4ollowiny property : L Lot No. 41 ( a~kf a 640~__of _ V~ntur~__Out__At._St.._ Lucie~_. It~._~s .~.n________ ~ - - ~ said Mortgsg~. - . - . - - - ~ - _ . . - - (incl~ding all cash, stock and other dividends and all rights to subscribe for securities i~cident to, detlared or granted in connection with M such property), which property, together with all additions and substitutions hereafter pledged w deposited with Bank is called the Col- v lateral. The Coltateral is also pledged as security for all other liabilities to Bank, (primary, secondary, direct, continqent, sole, joint or severaq, due or to become due or which may be hereafter contracted or acquired, of ea:h Maker (or of each Maker snd any other per- son). The surrender of this note, upon payment or othe.wise, shall not affed the right of Ba~k to retain ehe Collate~al fw svch Wher ' liabilities. CREDIT IIFE AND CREDIT LIFE d OISABILtTY INSURANCE ARE VOLUNTARY ANU NOT REQUIREO~fOR CREDIT. Suth insura~ce coverage is available at the cost designated below for the te?m of the cred~t: (a) S _ for Credit Life In- ' suranee (b) S _ _ . - - - io+ Credit life 3 D~sability Insurance: Check ~ . Appl. ? Credit life Insurance is desired on the life of . . . . . - - 8px - - . . BirtFw~ate . _ _ - - - - - , p Credit life 6 D~sability Insurance is desired on _ ~ - Binhdate . ~ - - - - . - - _ - - ~ CrediP life ar?d/or Disability Insurante is not dssired. . _ . _ _ ~r~: ..APril---15~- -1977 sfl~at~~e X.- - . _ - ` - Paui Ro~a s9~aw~e _ - - - ~c:..L..-L/ Dotothy ROSS : Additio~s to, reductions or exchanges of, or subs~itut~ons for the C~ ~+eral, payments on aaount of this. loan or increases of the sarrte, or other loans madc p~rtiatly or who~ly upon the Collateral, may rom time to t~me be made withouf affecting the provisions of this note. Bank shalt exercise reasonab~e care in the custody and pre rvat~on of the Cot{steral to the extent required by appliubk stat~te, a~d shall be e3eemed to have exercised reasorsabfe care if it takes such action iw that purpose as Nlaker shall reasonably request in writiny, but no omission to do any ad not reqvested by Maker sha~l be decmed a faifu~e fo exercise reasonable care, and no omis- sion to complY with eny request of Makor shati of itself be deemed a fsilure to exercise reasonable care. Bank shall not be bound to take any steps necessary ~o preserve any ~ights ~n the Collateral aga~nst p.ior parties and Maker shali take all necessary steps for such purposes. Bank or its nomirsee ~eed not colleci interest on o~ pnnc~pa! of any Collateral w give any notice with respect to it. I If the Collateral shall at any time become unsatisfactwy to Bank, Maker shail within one day after demand pledge and deposit with Bank as paN of the Co~late?al addit~o~al prope.ty which is sat~sfadory to Benk. ~ If Bank deems itself insecure, or upon the happeAing of any of the following events, each of which shetl constitute a default here- f under, all liabilities of each Maker to Bank shall thereupon o? tFxreafter, at the option of Bank, without notice or demand, become due ! and payabte: (e) the failure of any Obligor (which term shall mean and include each JNaker, endorur, su~ety, and guarantor of this ~ note) to perform any agreement hereunder, to pay interest hereon within ten days after it is d~e, or if there be no due date, after it is billed or otherwise requested or demanded, to pay any other liability whatsoever to Bank when due; (b) the death of sny Obligor; (c) the filing of any petition under the Bankruptty Ad, or any similar federal or state statvte, by or against any Obligor; an applica- tion for the appointment of a receiver fw, the making of a general assignment for the benefi~ of creditors by, or the insolvency of any ~ Obligor; (e) the entry of a jvdgement against any Obliga; Ifl the issuing of any attachment or garrishment, or the filing oi any lien, - against any property of any Obligo.; (g) the taking of possession af any s~bstantial part of the property of any Obtigor at the instance of any governmental authority; (h) the dissolution, merger, consolidation, or reo.ganizarion of any Obligor; (i) the assignmenf by any Maker of any eq~ity in any of the Collateral without the written consent of the Bank_ Each Obligor hereby waives any requirement of ~otice or demand reflecting svch acccte~ation insofar as such requirement be in addition to rhe mere exercise of any remedy afforded in this Note or the institution of suit by the then holder. Bank shall have, but shall not be limited to, the following riah!s, each of which may be exercised at any time whether or not this note is dve: (i) to pledqe or transfer this note and the Coltateral and Bank shall thereupon be relieved of all duties and responsibilities hereunder and relieved from a~y and atl iiability with respect to any Collateral so pfedged or transferred, and any pledgee or trans= feree Shall for atl purposes stand in the plate of Benk hereunder and have all 1he rights of Bank hereunder; (ii) to trensfer the whole - or any part of the Coilateral into the name of itself or its naninee; (ii~ to vote the Collateral; (iv) to nofify the Obligors of any Col- lateral to make pavment to Bank of any amounts due or to becane due thereon; (v) to demand, sue for, collect, or make any compro- ! mise w settlement it deems desirable with reference to the Collateral; and (vi) to take control of any proceeds of Collaseral. Bank is hereby given a lien upon and a seturity interest in all property of each Obligor now w as any time hereafter in the pos- seuion of Bank in any capacity whatsoever, including but not limited to any balance or share of any deposit, trust, or age~cy accou~t, ss the sec~rity for the payment of this note, and a similar lien upo~ and security interest in all such property of each Maker as security for the payment of all other liabilities of each Maker to Bank (includirsg liabilities of each Maker snd any other person); and Bank shsll have the same rights as to such property as it has with ~espect to the ~ollate?aI. ~ If Bank deems itself insecure or upon the occu.~e~ce of any default hereunder Bank shall have the fweclosure snd othe~ remedies ~ of a secured party under the Uniform Commercial Code, er other applicable law and, without limiting the generality of the foregoing, Bank shall have the right, immediately and without further action by it, to ut off against this nute all money owed by Bank in any ta- ~ pecity to each w any AAaker; and if such set off shal~ «wr, Bank shall be deemed to have exercised such right of set off and to have ~ made a charge against any svch money :mmediately upon the occurrenc~ of such defa~lt even tho~gh such charge is made or entered ~ on the books of Bank subsequent rhereto. Untess the Collateral is perishable or th.eatens to decline speedily in value or is of a type customa~ily sold on a recognized market, Ba~k will give Maker reasonable notice of fhe time and place of any public sale thereof or of the time efter which any pr~vate sale or any other intended disposirion thereof is to be made. The requirement of reasonable notice shall ~ be met if such nutice is mailed, postage prepaid, to any Maker at the address piven below w at any other address shown on the rec- ~ ords of the Bank, at least five days be?ore the t~me of the sale or d~sposit~on. Upon d~spositio~ of any Colleteral after the occurrence of any defeult he.eunder, AAaker shall be and remain liable for any deficiency: and Bank shall account to Maker for any surplus, kwt ~ Bank shall heve the riyht to apply a!I or any part of such surpl~s (or to hold the same as a reserve against) any and all other liabilities ~ of each or any AAaker to Bank. ~ No delsy or omiss~on on the part of Bank in exe?cising any ~ight hereur+der shsll operate as s waiver of such right or of any other ~ right under this note. Preuntment, demand, protest, notice of dishonor, end extension of fime without notice are hereby waived by each and every Obfigor. The Obligo.s, iointly and severally, promise and agree to pay all costs of collection and reasonable attorneys' fees (not less than 1096 of the principal sum) incurrrd or paid by Bank in enforcing this note upon the «currence of any defaulf. ~ Any notice to Maker shaH be sufficie~tly served for alt purposes if leff upon w placed in the mail, postaye prepaid, addressed to the premises at ths address shown below w any other sddress shown on ~nk's records. Wherever rhis no!e ~s executed by a co-maker w endorser who is the wif a maker w endor~, the said wife dxs hereby ex- pressly acknowledpe the within debt as her jant and individusl debt. Each of Maker acknowledges receipt of a completed copy of this No the abeye dete. ' Address: - - - - _ - - - X ~ - «n 1 ROSi r - ; r ~ c.l ~ ~ ~ cs..n - - - - - - Doratfiy-- - - Fss no z~~b t00K~ /A(.~ ~ ~