HomeMy WebLinkAbout0565 Upon the occwrence of an event ol dalault, ths Bank msy instiwte app~opnate Ipal prpc~ed~ngs aga,ns~ t~e Obl~gors to obta~n judgme~~ oo ~he No[e und/
ex~rus~ ~ts riphts and remad~es as a ucu~~d pa~1y undar [h~ Ftprids Uniform Commerc~a! Code o~ otM~ applicaD~a law. 11 the Bank has deemed ~tself insecure
o~ upo~ 11+~ occurrence of ~n avent of dsfautt, the Ba~k shall have tM r~ght, immediatety and without turth~r action by it, to set off again:t this Note all money
owed by tM Bank in any cspacity to each and any Obli9or, and a1:o to set off ega,nst all oih~r liabilities of esch MakK to tt?~ Bank all monay owed by the Bbnk
aoy capacity to each ancf any Maker, and the Bank shaN be deemsd to have exercised wch r~l?t ot ~1 off and to 1?sve made a cAsrge against any wch money
;mmediately upon the occurrence of such detault wen though such charge is macfe or eniered o~ the books o( the Bank wbsequent thereto. UMess tAe Collat-
eral it parishable or~ threatens to detline speedily in value or is oi a type customar~ly sold o~ a retognized market, the Bsnk will give the Maker reasoneble notice
ot the tims a~d ptace of any public sak thereof or the time aicer whicb any private salt w sny othe. intended disposition thereot is to be made. The require-
ment oi rsaso~able ~?otice sha11 be met if tuch notice is ma~led, posta9e prepaid, to any Maker at the add~ess given below or at any other address shovm on the
recads oi the Ba~k, at least 5 days betora the time of the sale a d~tpos~tio~, Upon disposition of any Coltateral afte? the occurrence of any detault, the
Obligws shatl be and remain joi~cly and severally liable 1or any delic~e~cy. The Bank shall account to the Maker for any wrplus but the 8ank sha11 have the r~gh~
~o apply alt w a~y part ot such wrplus (or hold the same as a reserve a9a~nst) any and all other liabili~ies oi aach and any Obl~gor to the Bank. The Obtigors here•
~y waive any rigAts of redempuon atie? detault,
All pa~ties liable tor tha payme~t and collec~ion he~eo(: (1) agree to pay a~l expenses incurred or paid in the protection oi Co!lateral or il~e enforce~nent here-
of, whethe? the 8ank is obligated there(or o? not, including stto~ney's fees equal to 1096oi the amount in default or such larger amount as may be reaso~aWe
fur services and expanses incurred in the enforeement hereof sither prior or subsequent to judgment and whecher m judic~al proceedi~gs or otherwise, and also
ihose costs, expenses and reasonable attorney's fees incurred in appellate proceedings: wa+ve presentment to. payment, demand, notice of non-payment,
nocice of protest and proiest of this Note: 131 consent to and waiva notice of any and all renewals o~ excensions of time, waive~s, or modilications thai may be
qranted by the 6aric with respect to the payment w other prov~sions of this Note or to the release of any Obligor or the Collateral or any part thereoi, with or
w~ehout substitution; a~d (4) agree that add~tional make~s, endo~sers, guaranto~s o~ sureties may become parties hereto without notice to them o~ afiecti~g their •
I~ability Aereunder.
The Bank may at any time in its sole d~uretion comp?omise, settle or extend the time of paymer+t ot any o~ the demands o~ obligations, represented by any
o+ the seturities pledged hereunder and all of the parties liable for the payment hereof hereby make, Constitute and appoint the Bank, his or tAeir true and lawtul
ac~orney for this purpose wi[h fuli powe~ and authority to compromise, settlr or extend payment of said demands or obligations and to acquire, satisfy or dis-
char9e the same o( record or otherwise as the parties Iiable fpr the payment w collection hereot might or could do it personalty present. The Bank shall not be
under any liabiliry w obligation to take a~y steps whatsoever to tiz any liability upon or to collect w to enforce payment of any obligation ptedged as secu~it `
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hereunder whether by giving any not~ce, presenting, detr?anding payment, protesting, ~nstitutirg wit or othe~wite.
The Bank shalt not by any act of om~uion or commission be deemed to waive any of its rights or remedies hereunde. unless such waiver shall be in writing
and s~9~ed by the Bank and then only to the extent specifically set forth therein: a ws~ver o~ one event shall not be construed as continuing or as a bar to or
wa~ver oi such right or remedy o~ a subsequent event.
The liability of each Obligor shall be absolute and unconditional and ~vithout regard to the twbility of a~y other party hereto. Any nat;ce shall be sufficient-
1v served upon atl Obligors by serwng wch nouce upon any one Obligor. The nouce shall be sufficienUy served ;i placed in the mail, postage prepaid, addressed
co, or left upo~ the premises of any Obl~gw at any address shown on the Bank's records.
NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION
EACH MAKER ACKNOWI.EDGES RECEIPT OF AN EXECUTED COPY OF THIS NOTE ON THE ABOVE DATE.
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~R~b Fr~eZ! AYl. AM AI'~d"~ N~- iSEALI
ADDRE55 ij~ 7F MA R
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1816 Fr1e~e Are. Mn Mbo~ Mi. ~8104 ISEALlx ~ ~
ADDRE55 ~rQ; s~ 5 /~URE OF MAKE
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I ENDORSEMENT
j In add~uon to the liab~lity as endorsers, which The unders~g~ed hereby assume, for value received and intending to 6e Iegalty bound, the undersigned (and if
! nore than one, exh of them ~ofntly and severally) (a) hereby uncond~tionally guarantee the payment of the wethin Mote and aU extens~ons or renewals thereof
and all surra payable under or by virtue thereof includirn~, without limitation, all amou~ts of princ~pal and interest and all expenses (includ~ng a[torneys' fees,
~ wheiher inturred in trial or appellate proceedi~gs) incurred in the collection thereoi, the e~iwcement of ~ights thereunder w with respect to any securiry the~e-
~ for and the e~forcement hereof, and waive presentment, de+nand, notice of dishonor, protest, notice of p?otrst and all othe+ notices wF~atsoever; and Ib1 consent
~ and agree that they are bound as Obligors under the te~ms oi and are wbject to all prov+sions set forM on the tact oi said Note as tully as though they vrere each
j a Maker thereof, and to the exercise by the holder of each and every ~ight therein set forth or permitted by law, all without notice to or consent of ancl without
i aifecting the liability of the undersigned, and further tonsent and agree that any of the unde~signed may be wed by the holder hereof with or without joining
G any of tl?e other endorsers or Makers o1 saed Note and without f,rst or contempwaneously wing a~y wch other persons, or othe~wise seeking w proceeding to
j collect from them or any of them.
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ADDRE55 S~GNATURE OF GUARANTOR
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i ADDRESS SIGNATURE OF GUARANTOR
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