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HomeMy WebLinkAbout1043 , INSTALLMENT PROMISSORY NOTE ; ~ ~ , ~w n„w~~~ a.~„~.d s__.i0,0~44.00-- ~ Jens~~ ~irh Bsnk - (81 P~~miumtwCredit ' BANK NAME lii~/~is~bility Ins. s ~ IC) Docurtkntary Stsmps S ls._-19- - FFI ADDR IOI Olt?K Chsrptt Iit•mi:~l S - : IEI S ; February 12 , ~9 79 ~F? s ' NOTE NO: DATEO:._ i (G) Amount Firwncad ~ . February 16 ,~s 89. ~A, e, c, o, e. F? s DUE: (H) InUr~tt = . e' - 11) G~dit lnwstigation S -~---~l~~ PLACE: , FLORIDA = ~ IJI Othe. IK1 S_ ' For vslus r~cewed, tM undersiqn~d (Mr~insft~? ca~kd "Msksi jointly and ssvtrally lif , mo.e than oos) promis~ to p+y to tM ord~r of tM Bsnk, at ia oH~ce li:ted abov~. th~ Totsl (L) _ ~ ot Pay~nena {trom lN1 at riyht) of po1~~' ~Y~~Q1" 1M1 FINANCE CHARGE y~ e~wal moothh installmNin oi S, 37 ~w . the tint ~H, K. Ll S ~nstallment due on ~rch 16 - , ~9 79 , snd wbse4uer+t installmena dus on 1N) Totsl of Payments (G + MI S__.}~,~~$~~~-- ~ ~h~6th~y of each monch therestter, ~o~~ner w~cn a F~N/?~ BA~~OON PAVMENT OF: ANNUAL PERCENTAGE RATE ~.}Q~~Q_% ~ 5 NARe OUE .19 • . Ths Bs~k shall impose a delinquencY d1ef9~ ~inst tM Msker on_sMl psYmMt which has beca~ d~ ~ remairu i~ default tor a pa~od in exoass of 10 ~ days in an smou~t e4~a1 to 5% :of the amount of tha p~incipal psrt oi the paY~^t default. In the event dwt the Note is not paid i~ tull at maturity, sll psY- rrunts, whethe? p~i~+c~Pa~. ~~terest o~ otherwise: s1a11 besr interest at the maximum legsl ~ate allowed unde~ the laws of the State of Florida. All payments made he.eunder shall be tredited first to interest and then to pri~cipal. however, in the event oI deisult, the.Bank may, in ia sole discretion, app1Y snY PaYme^t to . ~r,~erest, p~incipal and/or lawtu~ charges then accrued. It is tAe intention ot the psrties he~eto that the provisions herein shall not provide d~rectly or indirectly fnr ihe payme~t of a greater rate of i~terest or the r.etention of aM? other charge than is allowed by Isw. If. for s^V ~^terest in excess of weh legal rate or a charge prohibitsd by Isw shal~ at any time be paid. anY such exceu shall either constiwte aod be treated as a paYment o~ the pri~cipal or be refuncled diraedy ; ~c~ tt,e Maker. ' The Maker may prePaY the entire unpaid ba~ance of the loa~ at any time. It the loan is p~epaid i~ tull, aaelerated or ref inanced, the Maker shall receive a~ . erund of the unearned po~uon of the interesi and inw~ance premiums computed by the Rule of 78's me[hod, except that the Ba~k shall t~e entitted to retain t , m~mmum interest charge of s6.00. CREDIT LIFE AND CREDIT LIFE & OISABILITY INSURANCE ARE VOLUNTARY AND NOT REQUtRED FOR CREDIT. Such inwrance coverage is _ for C?edit Lite Inwrante (b) S S ~va~~able at the cost designated be~ow for che term of the uedit: (a) S : ~ to~ Credit L~fe di DisabilitY Inwrance: • ~ Check ? Gedit life Inwrance is desired on the li(e of Birthdate ~ .~ppl_ ~ Box ? C~ed~t Lite & Disability Insurance is desired oo s . - Birthdate ~ Credit Life and/or DisabilitY Inwrante is not desired. - Y ~ y ~~,.e Februar,y ~ ~ ~ Q~9 Sigoa~ure # J . kalsh ~ ~ ~ Signature ~ As security for the paY~^~ af the Note [he Maker hereby grona to the Bank a secur;ty interest in ~he following PrM~erty: ~ i ncluding all increases, substitutions, rep acements, itions a~d ~o the~eto and in the p~oceeds thereoi Ihereinafter wlled "Collateral"). This security ,n*.erest shall also secure any other indebted~eu or ~~ab~~~ty of the Maker to the Bank direct or indirect, a6solute or contingent, due or to become due, now ez- ~ 'I +st~ng or hereafter arising, inc~ud~n9 a~~ future advances or ~oans by the Bank to ihe Maker. - The Bank is also given a lien and a secun~ll interest in all propertY a~ ~+~~ties of the Maker, endorse~, wrety, guaranto~ or accomrt?odation party of this # ~ Note (hereinaite. reterred to as the "Obligors"!, now in w at any time hereafter coming into the control, custody or pouession of the Bank, whether for the ex- 3 3 pressed pu~Pose of beirg used bY t~ ~nk as Collateral. o~ fw arW other purpose, and upon any bala~ce or balances [o the uldit of any accounts. including ~ ! trust and agencY ~~n ~~^tai^ed ~^^ththe Bank by amr of the Obligors, and the Obligors agree to deliver to the Bank additional Collateral or make such ` ~ oayments in reduction of the p~incipat amou^t of the loan as shall be sat~sfactory to the Bank, in the event the aforementioned Collateral sha~~ decline in va~ue ~ o~ become unsatistxtory to the Ba~k. • i 3 E Additio~s to, reductions or exchanges of, or wbstitutions for the Collateral, payments on account of this loan or increases oi the same, or o[her loans m pa<<~~~IY w who~lY uPon the Collateral, may irom time to time be made without atfecting the provisions of this Note. The Sankshall exercise reasonable care in ~ ,he custody and Preser~?at~o^ of tlse Collateral to the extent required by apP~~cab~e statute, and sAall be deemed to have exercised reasonab~e care if it takes such act~on for that purpose as Nlaker shalf reasooaWY request in writing, but no omissio~ to do any act not requested by Maker shall be deemed a tailure to exe~cise ~easOnaWe tero. a~d no omus'o^ to co^~P~Y ~^~'th any request of Maker shatl of itself be deemed a failure to exercise reasonable care. Bank shall not be bound to cake amr steps necessary ~o P~~~~ ~Y ~'~ts in the Co~~aterol agai~st prior parties and Maker shall take all necessa~lr steps ~a s~h purposes. The Bank or its ~ominee need not collect interest on, w a principaf of, a~Y ~~~ateral or 9ive any notice with respect to it. The Bank may tontinue to hold any Collateral deposited hereu^der after the payrr~ent of this Note, if at the time of the payment and discharge hereof any of che pa~ties liabk for the Pall~~~ ~~~f ~all be then directiy or conti~gendY liable to the Bank as Maker, endorser, surety, guarantor or accommodation pany ot any other note, drait, bill of exd~ange, or other instrument, or otherwise, and the Bank may thereafter exercise all rights with respect to said Collaterat granted herein even though this Note sha~l have besn wr~ender@d to the Make~- !f the Ba~k deems itself insccure or upon the happenin9 of any of the following events, each oi which shatl rnnsticute a default, all liabilities of each Maker to f the Bank, including the e~tire unpaid principal of this Note a~d xuued interest, less any urw,arned interest and any interest in exceu of the mazimum allowed by law and aMl rebaies required by ~aw, sha~~ ~rnn~d'ately or thereafter, at the option of the Ba~k, except that the occurrence of (c) or (d) shall cause autort?at- ~ ~c accelera[ion;without notioe ordemand, beoomedue and psYable: (a) thr. faiture of any Obligor to perform any obligation, liability or claim to che Bank, to palr ~n~erest hereon within lOdays after it is due, or if there is no due dace, after it is billed or o[hervvise requested or demanded. or to pay arry othe? liabitity what- soever to the Bank when due; (b) the death of any individual Obligor, the dissolution of any partnership Obligw o~ the dis;olution, merger or consolidacion w~th- 1 ~ ou: the Bank's pria written consent ot any corporate Obligor: (d the tiling of a petition in bankruptcy or the adjudiption of insolvency or ba~kruptcy under ~ ~ ,~ny reorganizatinn, arrangement, readjustme~+t of debt, dissdution, liquidation w similar procaeding under any Federal or state statute, by or agai~st any Obligor; (d) an applitation for the appoi~tment ot a raosive? for, or the makiny of a general assignrr~t for the benefit of creditws bY, any OWigo?; (e) the entry of iudgrnent agai~ut any Obli9or: if) tt~e iswing of any attachment or garnishment, or the f~ ng o~f Inyauien~aga ;nsh) the de~mirwt o by he Bank'that a ma~ter~ ~s ~ or p~ssessio~ of any wbstantisl part of_ che P?opertll of any Oblgor at the instance of anY go ai adve~x change has occurred in the financial condition of any Obligw from the conditions set forth in the most recent financial statement of wch Ob~i9or heretotore furnished to the Bank, or from the condition of wch Ob~i9o? as Aeretotore most recently disdosed to the Bank, or that any warranty, representation, certificate w statertient of any Ob~igor (whather tontained in this Note or notl pe~taining to o? in Co~nectio~ nrith this Note w the loan evidencecl by this Note contains a~ untrue stateme~t ot material isct w omits to state rt?aterial fsct necessarN arder to make the statements made ~ot mislsading; or, (i) the assign- menc by a~N Maker of any equitl? anY of the Collateral without the prior vKitten co~sent of ths 8ank. The Bank shall have, but shall not be 1~mited to, the following rights. each °f +~hid' maN be exercised at any time whether o~ r?ot this Note is due: (i) to pledge o? transter this Note and the Collateral and the Bank st?a~~ thaeuPon be relieved of all duties and respor?sibilities he?eunder a~d relieved from aMr and all I~ability with respsct to anl? Co~~atersl so p~edg~d or tr~nsfetred, and soY Pled~es a transieree shall for all purposes stand in the place of the Bank hereunder and have all the rights of the Bank hereunder, (ii) to tra~stK the whob a a^N Ps?t of tM CollaterN into the name oi itselt or its nominee: (iiil to vote the Coltateral; 1~v) to notify the Obli9ors of a~y Collateral to mske psyment to the Bank of any amou~K due or to become dus thereon; (v) to demand, we tw, collect, or make any cort~Wo~.d'f~~~e~^t+~~ ~.~~e ~^^th reference to the Collateral; and (vil to take possession w control of any proceeds of Collateral. , . ~ . NOTICE: SEE OTHER SIDE FOR IMPORTANT INFORMATION gc~~ ~AC~~O42, FBS 752 Rev. 7/77 _ x , ; ~ ~ _ , , x~~ ~