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HomeMy WebLinkAbout1125 i fret tM Obigon to obtain judgment on tM Note and/ Upon the occurrence of an event of delwlt, tM hank may institute appropriate legal proceedings ape car exercises its rights and remedies as a secured Party under tM Flo+ida Uniform CommerciN Code or other applicable law. If tM Bank Ms deemed itself insecure o. upon tM occurrence of M event of default, tM Bank shill have tM right, inxtlsdiauly and without furtMr action by it, to sat off against this Nog all rtwMy owed by tM Beltk in any capacity to each and any Obligor. affil also to set olt apair?st all other liabilitip of each Maker to tM Bank all matey owed by tM Bank .n any capacity to each and any Maker. and tM flank shall be deemed to haw exercltad tech right of wt off and to Mw made a charge against any such money ~mrrNdiately upon the oCturrente of ttlth defwlt wen though such dtuge is made Or entered On tM books of tM Bank wbssrtwnt thereto. Unless tM Collat- eral is perishable Or threatens to decline speedily in valve Or is of a type customatilY sold On • reoogttued rrlarket, tM Bank will give tM Maker reasonable notice ' of the tirrN and place of any Public saN thereof Or tM time after which any private seN or any other intended dispaition thereof is to be made. TM require- ment of reatasaMe notiq shall be met if such rwtip is mailed. postepa Prepaid, to «ly Maker at the address 9~I below a at any othM address shown on tM records OI tM Bank, at least 5 days before tM time of tM sale or disposition. Upon disposition of any Collateral alter tM otcurrenp of any default, tM Obligors shall be and remain jowUY and sweralfY IiabN for any deficisr?ty. iM Bank tllall account to tM Maker for any wrplus but tM Bank shall haw tM right to apply eN a any Part of wch wrplus (or hold the same as a reserve apes f any and all other liabilities of each and any Obligor to tM Bank, TM Oblipas Mrr by vveive any rghts of redemption after defwlt. All parties liable for tM paYrr1ent and collection Mteot: 111 agree to pay all expenses incurred or paid in tM Protection of Collamal or tM enforptttant here- of, whether tM Bank is obligated tMrefor a tort, including attanw's feet egwl to 10%01 tM a ~t wMtlser in j~~~~~oceedir?gstor otherwisee a~rld~so fo+ services and expenses incurred in tM entortxment Mnol either prior or wptequMt to judgmen tnou costs. expenses and reasonable attorneys fees incurred in appellate proceedings: waive presentment, fo? payment, demand. notip of non-payment, notice of protest and protest of this Note: 131 consent to and waive notice of any and all renewals a extension: of time, waivers. a modifications that may be granted by tM Bsrllc with respect to the payment a other provisions of this Note o? to the reltate of any Obligor a the Collateral a any part thereof. with or .v~thout wbstitutan; aril 14) agree that additionalrrlakers, endorsers, guarantor a wreties may become parties hereto without notice to them a affectir?p their liability Ilereurlder. TM Bank may at any time in its sole discretion compromise, settle a extend the time of payment of any of tM demands a obligations, rep?esented by any of IM securities pledged hereunder and all of the Parties IiabN for tM payment Mreof MnbY make, constitute and appoint the Bank, his a their trtxt and lawful attorney for this purpose with full power and wthority to compromise. settN or extend payment of said demands or obligations and to aagttin, satisfy Or dis- charge tM fame of record o? otherwise as the Parties IisbN for tM payment a collection Mreof mght or could do if personally present. TM Bank shall not be under any liability or obligation to take any steps vrFutsoever to fix any liability upon w to collect or to enforce payment of any obligation pledged as security hereunder wMther by giving any notice, presentirlp, derrsattclirg PaYrrle^t. Protesting, instituting wit Or otMrwite. The Bank shall not by any aCt of omission or commission be deemed to waive any of its rights or remedies hereunder unless such waiver shall be in writing and signed by tM Bank end then only to the extent specifically set forth therein; a waiver on one went shall not be construed as continuing or as a bar to a waiver of such right or remedy on a subsequent event. The liability of each Obligor sMll be absolute and unconditional and without regard to tM liability of any other party hereto. Any notice sh~l be wtiicient- iy served upon all Obligors by serving wch notice upon any one Obligo?. TM notice shall be wfficiently served if placed in the mail, postage Prepaid, addressed to, or left upon tM premises of any Obligor at any address shown on the Bank's records. NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION EACH MAKER ACKNOWLEDGES RECEIPT OF A CONFORMED COPY OF THIS NOTE ON THE_ABOVE DATE. $1<• ~a~ss (SEAL! ~ 1~ A~• • ~ N_A~jI~~E OF MAKER ADDRESS ~t ISEAU , ; . ADDRESS SIG 1 fr A ER ! ENDORSEMENT for value received and intending to be legally bound. the undersgned land if In addition to the liability as endorsers, which tM undersigned MrebY aswme, more than one, each of them jointly and severally) lal hereby unconditionally guarantce the payment of the within Note and all extensions or renewals thereof and all wms payable undo or by virtue thereof including, without limitation, all amounts of principal and interest and all expenses (including attorneys' fees, whether incurred in trial or appellate proceedings) incurred in tM collection thereof, the enforcement of rights thereunder or with respect to any security there- for and tM enforcement hereof, and waive presentment, demand, notice of dishonor, protest, notice of protest and all other notices whatsoever: and Ib) consent and agree that they are bound as Obligors under the terms of and are wbject to all provisions set forth on tM feet of said Note as fully as though they were each ~ a MakM thereof, and to the exercise by tM holder of each and avert right therein set forth or parmittsd by law. all without notice to or consent of arid without t affecting tM liability of tM undersigned, and further consent and agrce that any of the undersigned may be sued by tM holder hereof with a vvitfiout joining any of tM other endorsers or Makers of said Note and without first or contemporaneously wing any wch other persons, or otherwise seeking or proceeding to couect from them a any of them. s (SEALI ADDRESS SIGNATURE OF GUARANTOR ISEAU SIGNATURE OF GUARANTOR ADDRESS • - - ~ . o; - ~r f~(.?RrtJlJ1, PA~r~1~ 1 • -