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HomeMy WebLinkAbout1789 PRINCIPAL AMOUNT: $31,950.00 MATURITY DATE: January 10, 1984 AMORTIZATION PERIOD: Five (5) years INSTALMENT PAYMENT: $6,390.00 + interest FIRST INSTALMENT PAYMENT DATE: 1-10-1980 DATE OF NOTE: January 10, 1979 INTEREST RATE: 9X FOR VALUE RECEIVED, the undersigned and if more than one, jointly and severally (the Maker), does hereby covenant and promise to pay to the order of MICHAEL S. McCARTY and LYNN S. NcCARTY, his wife, or to their successors or assigns (collectively the Payee) at 1128 FERNANDINA, FORT PIERCE, FLORIDA 33450 or such other place as the Payee may designate to-the Maker in writing from time to time, in legal tender of the United States, the Principal amount together with interest at the Interest Rate oa the unpaid balance of the Principal Amount. The sums due and owing hereunder shall be payable during the Amortization Period in equal instalments, each in the amount of the Instalment Payment, the first such Instalment Payment to be made on the First Instalment Payment Date and subsequent Instalment Payment on the like day of each year thereafter until the Maturity Date whereupon the entire unpaid balance of principal and interest accrued and unpaid thereon shall become due and payable; each such instalment when paid shall be applied first to the payment of interest on the unpaid balance at the Interest Rate and the remainder thereof to payment on account of principal. If any Instalment Payment shall not be paid when due, then the entire principal sum and accrued interest hereunder shall become due and payable at once or thereafter, at the option of the holder of this Note. The Payee may, at its option, collect a late charge not to exceed two cents for each-one dollar of each Instalment Payments. Failure to exercise these options shall not constitute a waiver of the right to exercise the same in the event of any subsequent I~ default. It is further agreed that the Maker and each endorser, surety, guarantor, jointly and severally, shall pay all costs of collection of this Note, including a reasonable attorney's fee, on failure to pay any Instalment Payment or any accrued interest due hereunder on the due date thereof. .This Note and all sums due hereunder shall bear interest at the highest lawful rate of interest per annum in the State of Florida from the date when the principal and accrued interest under. this Note shall be due and payable. The total interest payable hereunder shall not in any one year exceed the highest lawful rate of interest in the State of Florida. This Note is secured by a Mortgage, dated the date hereof, of property situated in the State of Florida. The Maker agrees that it shall be bound by any agreement extending the time or modifying the above terms of payment, made by the Payee and the owner or owners of the property affected by said Mortgage, whether with or without notice to the Maker, and the Maker shall continue liable to pay the amount due hereunder, i but with interest at a rate no greater than the Interest Rate, according to the terms of any such agreement of extension or modification. The unpaid balance of the Princi al Amount p , plus accrued interest shall become due and payable at the option of the Payee under the happening of an event by ! which said balance shall or may become due and payable under the terms of said :Mortgage. This Note may not be changed orally, but only by agreement in writing, signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. All parties to this Note, whether Maker, principal, surety, guarantor or endorser, hereby waive presentment for payment, demand, protest, notice of protest, and notice of dishonor, and expressly agree jointly and severally to remain and continue bound for the payment of the principal and interest provided for by the terms of this Note, notwithstanding any extension or extensions of the time of, or for the payment of said principal or interest, or any change or changes in the amount or amounts agreed to be paid under or by way of release or surrender or substitution of any real property and collateral or either held as security for this Note, and waive all and every kind of notice of such extension or extensions, change or changes, and agree that the same may be made without the joinder of the Maker. Privilege of prepayment without F~enalty is hereby granted. /s/ Stephen Samuel Kroll LS ~ R Stephen Samuel Kroll BOGK301 P~CE1784 1s/ Satre Kroll LS > Satre Kroll ~ _ - Firs c~ ~ y