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HomeMy WebLinkAbout2308 f • ~ 1 , Upon 1M ooctrrrence o/ an avant of delwlt, tM flank may inttituu appopriata teal proceedings agair?st tM Obligors to obtain judgment on tM Note end/ exerciw its rights and remedies es a secured party ur?der tM Flo(ida Unilorm Commercial Code or ~tMr applicable law. It tM Bank has deemed itself insecure upon tM otxurranp of an event of default, tM Bank shall Mvat;M rght, imntediatNY and without turtMr action by it, to sat ofl against this Nou all money owed by tM flank in env capacity to aeolt_a~td any Obligor, and also to set off against all other liabilities of each Maker to tM Bank alt money owed by tM Bsnk ` , n any capacity to aadt' and t)ny Makes. and the Bank shall be deemed to have exercised such right of eat oft end to Mw made a cMrge against any such money i ,n,rnediatNy upon the gceussirtopof each defwlt even though such charge is made a entered on tM books of tM Bank wbsepwnt Mereto. Unless tM Collat• aces) is perishabN w tA(aafNU to decline speedily in value a is of a type customarily told on • reoogni:ed market, tM flank will qiw tM Maker reesonabN notice j of the time and plan Qf ahy public aN thereof or tM time aftar'whieh any privaa tale or arty other intended disposition thereof is to be made. TM require- ~ ment of reesonabN notice shall be met if ttrclt notice b mailed, postage prepaid, to any Mafur at tM addrea giWrt below o. at any other addraa shown on tM records of tM Bank, at.Hast 6 days baton tM lima of tM ale or disposition. Upon disposition of any Collateral after tM o«urrertw o/ sny default, tM 1 (k>ligors shall be and remain jointly and teverslty liable for any deficiency. TM Bank sMll atxount to tM Maker for any wrptus but tM Bank shall hsW tM right ro apply all a any part Of such wrplus (or hokf the same es a reserve against) any and ell other liabilities of each and any Obligor to tM Bank, TM Obligors here- t oy waive sny rghtt of redemption attar delwlt. ' All parties liable for the payment end collection Mreol: 111 agree to pay all expenses incurred or paid in tM protection of CollaterN a tM antoroefrwnt here- f ol, whether tM Bank b obligated therefor or not, including attorney's foes agwl to 10%of tM amount in default or such larger amount es may bs reasonable roc services and expenses incurred in tM enlorgmant hereof eitMr prior o? wbssquent to judgrrtant and wtMther in judicial progedings or otherwia, and also cnose costs, expenses and reasonable attorney's foes incurred in appellate proceedings; 12) waive presentment for payment, demand, notice of non-payment, nol,ce of protest end protest of this Note: 131 consent to and waive notice of any and NI renewals a extensions of time, waivers, or modifiucions that may ties 9,anced by tM flank with respect to tM payment a other provisiats of this Nots or to tM nleesa of any Obligor a tM Collaterel a any part thereof, with or w,thout stnbttitution; end spree that additional makers, endorsers, qusrantors Or wreties may become parties hereto without notice to them or affecting their t Lability harwnder. £ The Bank may at sny time in its sole discretion compromise, settle a extend tM time of f+aymant of sny of tM demands a obligations, represented by any of the securities pNdgad Mrwnder end all of the parties liable for the payment hereof Mnby make, constitute and appoint the Bsnk, his Or iMir true snd lawful attorney for th$ punpoa with full power and wthority to compromise, attle w extend payment of said demands a obligations arb to aoquin, atisfy or dis- charge tM saute of record or otherwise es tM parties liable for the payment or collection hereof mpht or could do if personally present. TM Bank sMll not bt s under any liability o? obligation to take any steps whatsoever to fix any liability upon or to collect or to enforce payment of any obligation pNdgsd es security Hereunder wMtlter by giving any notice. preser?ting, demanding payment, protesting, instituting wit or otherwise. - The Bank shNl not by any act of omission or commission be deemed to waive arty of its rights or remedies Mrwnder unless such waiver shall be in writing and signed by tfte Bank and then only to tM extent specifically sat forth therein; a waiver on one event sMll not be construed as continuing or as a bar to a y »a,ver of wch right or remedy on a wbsequent event. The liability of each Obligor shall be absolute and unconditional and without regard to tM liability of any otMr parry Mreto. Any notice shNl be wfficient- Iv served upon all Obligors by serving such notice upon any one Obligor. TM notice shall be wfficiently served ii placed in tM mail, postage prepaid, addressed co, or left upon tM premises of any Obligor at any address shown on tM 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. 3311 ~ Oi h, ltt~slt, ~!S/i ~34~t (BEAU ~ ~ ! -r' f' ADDRESS ATURE OF MAKER ADDRESS it E OF MAKER C - s ' ~ y+a ENDORSEMENT In addition to the liability as endorsers, which the undersigned hereby aswme, for value received and intending to be legally bound, tM underigned land if more than one, qch of them jointly and severally) lal hereby unconditionally guarantee the payment of the within Note and all extensions a renewals thereof II and all sums payable under or by virtue thereof including, without limitation, all amounts of principal and interest and all expenses (incltndirg attorneys fees, .whether incurred in trial or appellate proceedings) incurred in the collection thereof, the enforcement of rights therwnder or with respect to ariy security there- tor and tM enforcement hereof, and waive presentment, demand, notice of dishonor, protest, notice of protest and all other notices whatsoever; end Ib1 consent and agree that they are bound es Obligors under the terms of and are wbject to all provisions set forth on tM feet of said Note as fully es though they were each Maker thereof, and to the exercise by the holder of each and every right therein set forth or permitted by law, all without notice to or consent of and without affecting tM liability of the undersigned, and further consent and agree that any of the urdersgned may be wed by the holder hereof witA or without joining any of tM other endorsers or Makers of said Note and without first or contemporaneously wing any wdi other persons, or otherwise seeking o. proceeding to collect from them or any of them. - I A ISEAU j ADDRESS SIGNATURE OF GUARANTOR E E - ISEAU ADDRESS SIGNATURE OF GUARANTOR `s I F - -r S e f 9 i A ~ E4R~ ~AG~ ~:e)V~7 y - . y 1 Y