HomeMy WebLinkAbout0609 Upo~ tM occurrence of sn event o1 dstault, th~ Bank may institua spp~opriat~ Ip~l procudinps apsinst th~ Obiigas to obtsi~ judpmt~t on tM Nots and/
or exerciss it~ ~iphts and remWi~s u a secured puty undsr the Florida Uniform Comm~rcisl Cod~ or otMr applicsb~e law. If tM Bank has d~rod itsel( ins~cun
o~ upon tM occurrenn ot an ~vent ol d~fault, th~ Bsnk shall Mw tF?~ ~ipht, immsdiat~ly a~d without furth~~ action by it, to set oft apainst this Nott sll mor»y
owed by the Bank in ~ny capscity to ead~ and any Oblpor, and ~tw to set oN against ell oth~r I~sbiliti~s oi esch MakK to tM Bsnk all mon~y ow~d by tM Bsnk
~n any capscity to ~ach and any Mak~r, a~d ths Bank shall b~ d~em~d to Asw ex~rcis~d wch ri~ht of s~t otf snd to hiv~ made s cha?~s apsintt any wch mw~l
~mmsdiately upon th~ oocurrence ot wch detault wen thou9h wch chsryd is msd~ a entered on tM books ot tM Bank subspwns th~nto. Unlsss th~ Collat-
erat ~s p~rish~bl~ a ihrescens to declins spe~dily in value or is oi a type customarily wld on ~ ncopni:ed ~rk~t, the Bank will yiw tM MakK rsasonsbl~ no~iq
of ths tims snd place ot any public sab thereo( o? tM time sita which any privat~ saN or sny othK int~~d~d disposition therw( is to b~ rt~. The requira
ment ot reasonabl~ notiq shatl be mat if wth notiCS is mailed, postsye prepaid, to any Mak~r at tM eddreu given belpw or at any othN sddress shown on 1M
~ecwds of tM Bank, at least 5 days belors the tims of [M sale or disposi~ion. t~on disposition oi any Collateral atiN tM occurrenq of any dstault, che
Obligors shall be and remain jo~ntly and severslly liable tor any d~ficie~cy. The Bank shall ateounl to tM Meker fw any surplut but tM 8a~k shall have the r~ght
io apply all a any ps~t of such surplus (a hold the same as a reserve against) any and all oth~r liab~lities of each and a~y Obligor to the Bank, TM Obligors here-
by waiw any rghts af redemption aiter dstault.
All psrties liable fa the payment and collectio~ hersot: (11 sgree to pay all expe~ses incurred or psid in the protectio~ ot Collatersl or the entorca~nent he?s-
of, whether the Bank is obligated tAereiw or ~ot, includi~g attaney's tees squal to 1076of the amount in default or such larg~r smount ss may bs reasonsWa
tor servites and ~xpenses incurred in the eniortement hereoi either prior a wbsaquent to judgrnsnt and whetha~ in judicisl proteedings w otherwise, and also
chose costs, expenses and reasonable attorney's fees incurrsd in appeUate proceedings; (2! waive prestntment fw payment, demand, notice of no~-payme~t,
not~ce ot p?otsst and protest ot this Note: (3) conse~t to and waive ~otite uf any and all renewsls O? extensions of time, wsivers, w modifitstions that may be
granted by the Ba~c with respect to the payment or othe? provisions of this Note or to the release of any Obtigor o? the Collateral or any pa~t thareoi, with or
w~ihout wbstitution; ~and (4) a9ree that additionsl makers, e~dorsers, guara~tors or wreties may become parties hereto without notice to tham or attecting their
habiGty hereunder.
The Bank may st any time in its sole discretio~ compromife, settle or extend the time ot payment ot a~y of the demands or obl~gations, represented by a~y
ot the securities pledged hereunder and all of the parties liable for the payment herepf hereby make, constitute and aapoi~t the Ba~k, his o? tAeir true and lawful
ac[omey tor Mis purpose with tull power and authority to compromise, settle or extend payment of said demands or obligations and to acquire, sstisfy w dn-
charge the same of rccord or otherwise as the parties liable for the payment o~ collection he~eoi might or coutd do if perso~ally present. The Bank shall not be
~nder any liabiliry or obligation to take any steps whatsoeve? to fix any liability upon or to rnllect w to enforce payme~t of any obligation pledged as secu~ity
h2reunder wh8ther by giving any ~otite, presenting, demanding payment, protesting, instituting wit w othervvise.
The Bank shall not by any att of omiuion or commiuion be deemed to waive any ot its rights or remedies hereunder uMess such waiver shall be i~ writing
and signed by the Bank and then onty to the ex[e~t specifically set torth' the~ein; a waiver on one event shall not be construed as conti~uirg w as a bar to o~
waiver of wch right or remedy on a subsequent event. ,
The liability of each Obligor shall be absolute and unconditional and wi~hout rega~d to the Iiability of a~y oiher party hereto. Any notice shall be wificie~t-
iy served upon all Obligo?s by serving wch ~otice upon any one Oblgor. The notice sha11 be wfiiciently served if placed in the mail, postage prepaid, addressed
tu, or leit upon ihe premises of any Obligpr at any addreSS shown on the Bank's records:
NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION
EACN MAKER ACKNOWLEDGES RECEIPT OF A CONFORMED COPY OF THIS NOTE ON THE ABOVE DATE. ~
a ! 7 ~SEAL? x~ ,
AODRESS Q, ~~_~!~URE OF MAKER
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~ ENOORSEMENT _ ~
I~ addition to the liability as endorsers, which the undersig~ed hereby aswme, for vatue received and intendirg to be tegalty bound, the undersigned (and it
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~ more than one, each of them jointly and severelly) (a) hereby unconditionally guarantee the payment of the within Note and all exieruions o~ renewals thereof
and all sums payable under or by virtue thereof ir?cluding, without limitation, all amounts of principal and interest and all expenses (intluding attorneys' fees,
~ whether incurred in trial or appellate p.oceedings) incurred in the collectio~ thereof, the enforcert~ent of rights thereunder or with respect to any security there-
~ for and the e~forcement he~eof, and waive qresentme~t, demand, notice of dishona, protest, notice of protest and all other notices whatsoever; and (b) consent
~ a~d agree that they are bound as Obligors u~der the terms of and are wbject to all provisions set torth on the fact ot said Note as fully as thou~h they were each
~ a Maker tF?e~eof, and to the exercise by the hotder of each and every right therein set forth or permitted by law, all without notice to or rnnsent of and without
aftectin9 the tiability of the undersigned, and further rnnsent and agree that any of the undersgned may be wed by the holder hereof with or without joining
~ any of the other endorsers or Makers of said Note a~d without tirst or contempo?a~eously wing any such other persons, or otherwise Seeking or proceeding to
~ coilect from them or any of them.
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