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HomeMy WebLinkAbout0554 Upon tM occurrence ot an event ol Wfaull, tha Bank may insutute app~opnate 1e9a1 p~oceed~nys aga~nst the OGl~go~s to obtain judgment on the Ilote andl ur exerciss itt r~9hts a~d romed~es si a satured pa~ty u~Nr tl~o Flor~da Unilorm Comm~rcisl Cod~ or other applicable Iaw. If the Bank has deemed ~tseU ~~secure u~ upo~ the occurrer+cs of a~ eve~t of default, the 8ank shall have ihe right, ~mmed~ately ar?d without further action by it, to set ott ag~~nst this Note all money owed by the Bs~k in any capacity to each arxi any Obtyor, and also to set off ayaintt all other liabilitia of each Maker to the Bank a11 money owed by the Bank ~r~ any capacity to each and a~y Maker, a~d the Bank shall bt deemsd to hsve exercised wch r~ht of sst off and to have made a charge agains~ any such mo~ey ~mmediately upon the occurrence ot wch default wen thou9h such charge is made o? en?ared on the books o1 iht Bank wbsequent ~hereto. Unlett the Collat- eral is per~shable or threatens ~o decline speedilY i~ valw o~ is of s type customarily sold on s r~copnized market, the Bank will give the Maker reasonable notice o~ the time snd plxe of any public cak thereo( w the time atcer which any private sale or any other intended disposition thereol is to be made. The reyuire- ment of reasonable Aotice shali be met it such notice is mailed, posta9e prepaid, to any Maker at the addreu given below or at any other address shown on ~he reco?ds ot ths 8ank, at least 5 days befo~e ths time of [he sale o~ disposition. Upon disposilion of any Collateral after the occurrence ot any default, the Obligo~s shall be and remain jointly and seve~ally liabls for eny deticie~cy. The Bank sAall eccount to the Nlaker for any surplus but the Bank shall have the ri9ht io apply all or any part of such surplus (a hold the same as a reserve against) a~y and all other Iwbil~ties o~ each a~d any Obl~gor to ehe Ba~k. The Obligors here- by waivf aoy riphts ot red~mptio~ at~er d~fault. Alt partiss IiaWe ~o. the payment and collection hereof: (1) ag~ee to pay all expenses incu~red o~ paid i~ the protectio~ of Collaterai or the enforcement here- whether ths Benk is obligated therefa or not, including attwney's fees equal to 1096of the amount i~ detault or such large• amount as may be reasonable for servites and expenies inturred in the enfortement hereof either prior or wbsequent to judgrt?ent and whe[her in judicial proceedings or otherwise, and alto those costs, expenses and reasonable attorney's fees incurred in appetlate proteedings: (2) waive prese~tment fw payment, demand, notice of non-payment, notice of pYOtest and protest of this Note: l3) consent to and waive notice of any,and all renewals or extensions of time, waivers, or modifications that may be granted by the Ba~lc with respect to the payment or other provisions of this Note or to the release of any Obligw or the Collate~al or any pa~t thereoi, with or ~ w~thout substitution: and (4) agree that additional makers, endorsers, guarantors or sureties may become parties hereto without notice to them o. affecting tAeir liability hereunder. The $ank may at any time in its sole discretion compromise, setUe or extend the ume of payment ot any of the demands or obt~gat~ons, represe~ted by any of the seCU?ities pledged hereunder and all of the parties liable for the payment hereof hereby make, constitute and appoint the Bank, his or their t~ue arxf lawful atiorney for this purpose with tull po?ve~ and authoriry to compromise, setcle or extend payme~t ot said demands or obligacions and to acquire, satisty or dis• charge the same of ~ecord or otherwise as the parties liable (or the payment o~ collection hereof mght or could do it personatly present. The Bank shall not be under any (iability w obligat~on to take any steps whatsoever to fix any liabil~ty upon or to coilect or to enforce payment of any obt~gat~on pledged as secu~ity hereunder whether by giving any notite, presenting, demar?ding payment, protestin9, institutirg w~t or otherwise. The Bank shall not by any act of omission or commiuion be deemed to waive any of its rights or remedies hereunder unless such waiver shall be in writing and signed by the Bank and then only to the extent specifically set torth therein; a waiver on one event sliall not be construed as continuing or as a bar to or wa~ve~ of such right or rert~edy on a subsequeni event. The liability of each Obligor shall be absolute and unconditional and without regard to the liability o! any other parry hereto. Any notice shall be sufficient- ~y served upon all Obligo?s by serving such nouce upon any one Obligor. The notice shall be sufficienily se.vecl if placed in the mai~, posta9e prepaid, addreued co, or lett upon the premises of any Obligor at any addreu shown o~ the Bank's records. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION EACH MAKER ACKNOWIEDGES RECEIPT OF AN EXECUTED COPY OF THIS NOTE ON THE ABO DATE. 141fl 4 t~~f1~ Rd Grand R~?ids, NI. 49505 ~SEALI ADDRE55 51 TURE OF MAKER ~ 8ruce Tira~~ - (SEALI ~ L c~'`^'` l . ADORESS SIGNATURE OF MAKER an E . T1-~;~er _ ENDORSEMENT In addition to the liabihty as endorsers, wAich the undersigned hereby aswme, tor value received and intendirg to be Iegally bour~d, the undersigned (and if ~ more than one, each of them jomdy and severally) (a1 hereby uncondit~onally guarantee the payment ot the within Note and all extensions or renewa~s thereof and all sums payabte under or by virtue thereof including, without limrtation, alt amounts of principal and interest and all expenses (including attorneys' fees, 1vhethe~ incurred in trial w appellate proteedings) incurred in the collection thereot, the enfor~ement ot rights thereunder or with respect to any seturity there- for and the enforcement hereof, and vraive presentment, demand, notice oi dishonor, protest, notice of protest and all other ~otices whatsoever; and (b) consent and agree that they are bound as Obligors under the terrtu of and are subject to all provisions set forth on the tact of said Note as fully as thou9h they were each ~ a Maker thereof, end to the exercise by the holder of each a~d every right therein set torth or permitted by law, all without notice to or conse~t of and without affecting the liability of the urxiersigned, and further rnruent and agree that any of the undersigned may be sued~by the holder hereof with o. without joining any of the other endo~sers or Makers of sa~d Note and without first or contemporaneously suing any wcF: other persons, or otherwise seeking or proceeding to coltect from them or any of them. . ~ (SEAL) . ADDRE55 SIGNATURE OF GUARANTOR ~ (SEALI ADDRE55 SIGNATURE OF GUARANTOR ~ ~ ~ i ~ :a ~ ,-'y~a ~ y : y? $ i ~ ~ ~ ~ Z . ~ _ A ~I~~ ~4pK/~~ z.-~~~ ~ Y ' . >:a ~ c~ " ~ °R 2 ~U pac~c 5 52. . . . ' (~~o K " _ . . ::-r