Loading...
HomeMy WebLinkAbout0104 ~ JEt~tSHN 8811~H BANK INSTAIIMENT NOTE BANK NAA~E (S~cund and Uns~cuhd) . 5ItW ~p C;,~^r~er0lal St.~ Jen~en Bch., FL 3?4S7 p~•: _ June 6~ 1984---: ~~~qg5.~ l nCAT~pN Nob No. Dabd: _ May 19 lwn T~rms: o~«.eds = .1TaQ~kO...QQ-- Eighty~four (84) M~nths fiNANCE : _6l908.A1.._ - . . - _ - - - CMARGE atter date the unders~gned, hereinafter called Maker, jomtly a~d severally Oocum~nrary t_._...._..__...~~~~... promisc(s) tor value received to pay to the order of the Bank, at its o(fice S~amps as listed above the sum of (total of payments)_ . . _ . . . Credit tife (or lifa 5~~~ Twent •four thousand fou~__hund~ed__e~gh~y-~~ye _ d~ Disebllity) Ins.i - i{'1d 6 Oo11an Ofher (itemizs - - . - s . with inMrest the?eon ~t tht raro of .49 ._96 per a~num, ~II payable in - _ ~ monlhly inatallmeros of i---~~•~ry . each on the _ . day of , 15. ~ Jul_. 6 77 , L~:an Fees . s each suasssive mooth commencinq on Y , 19. loyether with - ~ - - - • BALIOON PAYMENT OF =---NC~N~----- Dus . 19 AMOUNT 17 aJfil. . fINANCEO t - A fins computed a? the rate of s.05 per S1-00 on each i~stal!ment in default for ~~rately collect~d a period in txcess of 10 days may be charped the Maker. No such iine shsll exceed charyss (~temize) =5.00. Msker is mquired to.pay all costs of collection, inciudinq s reasonable attor- . . - ney i fee if referred for collection ot lepal protcedirps. Atl payments, whether prin- : tipal, interesf w otherwise. not received when dve shall bear interest at 10% per i-.-. ----4•9~~•- a~~um f~om due date until paid. All payme~ts made hereunder shall bs credited qNNUAI PERCENTAGE RATE X fint to interest, then to lawful charyes then eccrued, a~d lasr to principal. If the loan is prepaid in tull, aaelerated w refinanc~ed, the Maker shall as of ~he date of such event receive such refund of the un- earned portion of the credit life insurance premium a~d finar?ce charge and such othe. credit es may be reqvired by ~aw a as may be neoessary to avoid usury, provided that the Holder msy retain a minimum finance charqe of s2S.00, whether a not othervvise esrned, and except in the case of a refi~an:iny, no finance charpe or pr~mium refund shall be made if it amo~~ts to less thsn =1.00. Retention of any minimum fina~ce shall be in addition to se?vice charge if any. Any languaqe elsewhere herein to the controry notwifhstandin9, rnither Bank nor any holder hereof shall receive or retain any cherge or interest not allowed by law. As securify fo~ the payme~t of this note Maker has pledged or deposited with Bank the foltowirq property : -------1977._K~upt r-~--A-~~~_ 3~'_p~k__M~~~_s__I_,A..lC~~-$~T!~-77__.1~ith__S?~fi!_._Slid!_45~.-29' Lot f~la2 VFN'iURE OUT AT ST. Lt~IE, _INC. as d~scrib~d in said Mos•t+~s~~.___ - - - - _ - - (irxludinq all tash, stotk and other dividends and all rights to subsc.ibe fo~ seturities irKident to, detlered or granted in connetfion with such property), which property, togetF,er with ali additions and s~bstitutions he.eafte? pledged or dcpos~tcd with Ba~k is called the Col- _ r'~~"_"t ' '1'~ ~I~J~~J ~ ' ~II _~L~~ I:~L:1:~:~. O.~L i~.:~~.._ ..J~... J:.~.a ~1~ ~L . ....-....r.. :r:::::.: y..~:R.~.R? ~ ssveral), due a to become due or which may be he.ea(ter contrected or acquired, of each Maker (o~ of each Maker and any other per- son). The surrender of this note, upon payment o~ otherwise, shail not a(fect the right of Bank to retain the Collateral iw s~ch other liabilities. CREDI7 LIFE AND CREDIT IIFE 3 DISABIIITY INSURANCE ARE VOIUNTARY AND~{~ T~~QUIRED FOR CREDIT. Such insurance coverege is svailsble at the cost designated below for the term of the credit: (a) S ~lJ.:fJU......_.__ for Credit life In- sursnce (b) S - . _ _ _ for Credit tife 3 Disability Insurance: cn«k SI0.000.00 for 84 Months. _ Appl. ~ Credit life Insurance is desired on the life of ._..CC~!^U[15~.. ~r$1$~I_d!1_-----.__•--_----.-------.-_ Box 10 ~ 1~J - • - - - Birfhdate - - - - ~ p Credit life 3 Disability Insuronce is des;red on _ Birthdate - _ _ - - - - - - - ? Credit life and/or Disability Insurance is not , - - 23, 1977 . - - ~c~--~.__. . _ ~ ~ . _ Dste_ -------1~-'8~?- - - . Sig~ature _ X _~'~G~1J t.~r . ~ t - - - ~ cdn~und Cal ahan - - _ Signature - Additions to, reductions or exchanges of, w substitut~ons for the Collateral, payments o~ account of this loan or incresses of the ! same, or other ioens made pariial~y or wholty upo~ the Collateral, may from time to time be made witho~t affecting the provisions ~ of this note. Bank shall ezerc~se reasonable care in the custody and preservation of the Collateral to the extent req~iced by spplicable statute, and shall be deemed to have exerciscd reasonab{e care if it takes s~ch action for that purpox as Maker shall ressoi+ably req~est in writiny, kwt no omiuion to do any att not req~ested by Maker shall be deemed a failure to exercise ressonabk care, and no omis- sion to comply with any request of Maker shall of itself be deemed e failu.e to exerciu reasoneble care. Bank shalt not be bound to take any steps necessary to preserve any rights in the Collaterat against prior parties end Maker shall take all necessary steps fw such purposes. Bank w its nominee need not collect interest on w principal of any Collateral or give any notice with respett to it. li If the Collatersl shall at any time become unwfisfactory to Bank, Maker shall within one day after demand pledge and deposit ~ with 8ank ss paA of the Cotlateral additional property which is satisfactory to Bank. ~ € If Bank deems itself i~secure, or upon the happening of any of the following eve~ts, each of which shatl constitute a default here- ~ under, all liabifities of each Maker ro Bank shall thereupon or thereafter, at the option of Bank, without ~otice or demand, become due ~ ' and payable: (s) the failure of any Ob~igor (which term shal! mean end include each Maker, endwur, surety, and guarantor of this ~ note) to perform any agreement hereunder, to pay interest hereon within ten days after it is due, or if there be ~~o due date, after it ~ ~ is billed or otherwise requested or demanded, to pay any other liability whstsoere? to Bank when due; (b) the death of any Ob}i~or; ~ (c) the filing of any petition v~der Ih~ Bankruptcy Ad, or any similar federal or state statute, by or against any Obligor; a~ applica- ~ tion fw the eppointment of a receiver for, tF.e making of a9 nera! essignment for the benefit of creditors by, or the insolvency of any Obligor; (e) the entry of a judgement against any Obligor; (fj the issuing of any attathment o~ garnishment, w the filing of any 6ien, ageinst any property of any Obli9or; (g) the taking of possession of any substantiel part of the property of any Obligo? at the instance ~ of arry governmental aWhorisy; (h) the dissolution, merger, consoTidatio~, or reorganization of any Obligor; (i) the assignment by any ; Maker of any equity in a~y of the Collateral without the written conxnt of ihe Bank. Each Obligor hereby waives any requirement of ~ notice w demand refleding s~ch acceteration insofar as such requirement be in addition to the mere exerc~u of any remedy afforded in this Note w the institution of suit by the then holder. Bank shall have, but shall not be limited to, the following .iohts, each of which msy be exercised at any rime whether o? not this ~ note is dve: (i) to pledge or transfer this note a~d the Collateral and Bank shall thereupon be relieved of all dvties and responsibilities ~ hereunder and relieved from any and all liability with respect to any Collateral so pledged or transferred, and any pledgee or trans- ~ feree shall for all purposes stend in the place of Bank hereunder and have all rhe rights of Bank hereunder; (ii) to transfer the whole or any part of the Collateral into the name of itsetf or its nomince; (iii) to .vote the Collsteral; (iv) to notify the Obligws of any Col- lateral to make payment to Bank of any amounts d~e or to become due thereon; (v) to demand, s~e for, coliect, or make any compro- ~ ~ mise a uttlement it deems desirable with reference to the Coltateral; and (vi) to take controt of any proceeds of Collateral. Bank is hereby given a lien upon and a security interest in all p?operty of each Obligor now or nt any time hereafter in the pos- ~ ~ session of Bank in any _apacity whatsoever, includiny but not limited to any balance or share of any depos~t, trust, w age~cy account, ~ as the setvrity for the payment of this note, and a similar lien upon and security interest in all suth property of eath AAaker as security ~ fa the pay:nent of all other liabilities of each Maker to Bank (including liabilities of each Maker and any other persw~); and Bank shall ~ ~ have the same rights as to such p.operty as it hss with respec~ to the Collateral. ~ ~ ff Bank deems itself insecure a vpon the occurre~ce of any default hereunder Bank shall have the foreclos~re and other remedies of a secured party under the Uniform Commercial Cocia, or otner applicab!e law and, without limiting the generality of the foregoiny, ~ Bank shall have the right, immediately and without further action by it, to set off against this note all money owed by Bank in any ca- ; pecity 1o each or any Maker; and if s~ch set off shall «cur, Bank shall be deemed to have exerc~sed s~ch right of set off and to have ~ made a charge a,~ainst any such money im~fiediately upon the occurrence of svch default even though such charqe is made or ente~ed wC ~ on the boaks af 9ank subsea~~ent !he~rto. UnEese the Coll,~teral is perishable w threatens to decline speedily in value or is of a type ~ ; ~ customarily sold on a recognized market, Bank will yive Maker reasonable notice of the time and place o~ any public sate thereof w of ~c;' ~ the time after which any privare sale or any other intended disposition thereof is to be made. The rcquirement of reasonable notice shall ~ be met if such notice is mailed, postage prepaid, to any Maker at the address given below or at any other address shown o~ the rec- ~ ' ~ ords of the Bank, at least five days be;ore the time of the sate or disposition. Upon disposition of any Collateral after the occvrrence of any defavft hereunder, IAaker shall be and remain liable for any deficiency; and Bank shall account to Maker for any surplus, but ~ j ~ Bank shall have the right to apply all w any part of such surplus (or to hotd the same as a reserve ayainst) any and alt other Ifabilities ~ of each or any Maker to Bank. A ~ No deley w omission on the part of Ba~k in exercising any iight he.eunder shall operate as a waiver of such right or of any other M ~ right under this note. Presentment, demand, protest, notice of dishonor, and extension of time without no~ice a~e ?+e+eby waived !rj . . • each end every Obiigor. The Obligors, joinHy and xvera~ly, prom~se aru! agree +o pay aIl costs of collectien and rcasonable attorneys' ~ ! lees (not less than 10% of the principal sum) incurred or paid by Bank in enforcing ihis note upon the occurrente of any defauit. 3 ~ Any noticc to Maker shatl be su(ficiently served for ell purposes if leh upon or plaud in the mail, postage prepaid, addressed to the ~ ; premises at the address shown below or any other address shown on Bank's reco~ds. s ~ Wherever this note is e:ecuted by a co-maker or endorser who is 1he w~fe a maker w endorser, the uid wife dces hercby ex- ~ r pressly acknowledye the within debt as her joint and individ~al debt. ~ . Esch of Maker acknowledges receipt of s completed copy of this Note above dat ~ ~~-,a~~--_ Venture Jut Rt. 2, Lot 741 X f Addres:: - - . - EditlLlil~ - $t~}iBTf - - ---i . ~ Jensen Seach FL ~~'.57 X ~ r-~ ~ ~ ~ " ~ ~ • ' , . ' - YalarsaGalahan . - 1,-; LJ fcs.~ / ~ . F-~s CO-SIGN£R: David Edw~ard Calahan ~