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HomeMy WebLinkAbout0097 t ~ Upon th~ occurr~ncr of an ~vtnt of d~lauU, tM Bank may insuwte app~oprut~ Ip~l procNd~n9s sga~nst th~ O~I~qors to obtam judprn~nt on the Not~ andl exertia its ri9f?ts snd rem~d~es as a s~cured pa~ty u~d~r the Florid~ Un~iwm Comrrrrc~al Cocfe w otMr applicabie law. If the Bank has da~rned ~tsell insocur~ ; o- upon the oaurrena ot an ev~n~ o( d~fault, th~ Bank sha11 haw tM r~~ht, ~mmedutely snd without turth~r ac~ion by it, to s~t ott against thii Note all mon~y ~ ~wed by tM Bank in ~ny capscity to ~sd~ and any Oblqor, ~nd also to s~t o11 a~ainst ell othK liabilit~q pf ~ad~ Maka to the Bank all mon~y owed by th~ Ba~k ~ ~r, any capacity to each a~d any Mek~r, and the 8a~k sh~ll be de~msd to haw ex~rcised wch ri9ht of ~1 0ll ~nd to haw m~de s charg~ apsinst sny wch moMy ` ~~nmediatNy upon tM occurre~ce ol wch d~f~ul~ wen thouqh sucA c~arg~ is mscN a~nt~red on tM books ot tl?~ Bsnk wbscqu~nt ~her~to. Unlsss tM Co11st- ~ eral if pNifhablf Or thtlitfnf IO t10CIiM fplKlil # y in valw or is of a type customuily sold on a recopniisd muket, the 8ank w~ll give th~ Make~ rwtonable notia ~ ui ~he time ~nd plsc~ of sny public ssN tMrwf~or the time stter whicA any privst~ satt a any otf?K int~rx3od dispotition tA~~eot is to b~ n~. TM requirt ~ meni of nasoesbl~ rwtice shall be mst il sucA notice is mailed, poita~e p~epa~d, to sny Mak~r s1 tM add~ess given below a st any otAK sddress shown on tM ~ecords ot tM Bank, at le~st 5 day: betore tM ~ime o~ tne se1~ o. d~sposition. Upon dispo:i~io~ ot any Collate.al atter the occur~e~+ce o( any dstault, tM = Ot~~~gors shalt b~ arxl remain joi~tly snd s~veraliy liable ~or any deticiency. The Bank shall account to tM Make~ for any surplus but fhe Bank shall have ~he r~ght ~ ~o apply all a any psrt ot such surolus (a hold the same as a~eserve againsd any and all othe~ liabilities of each and any Obligw to the Bsnk, TAe Obligors here- i by nr~dM any riyhts ot redemption slte~ d~(sult. ~ ~ All putiss IaW~ (a the payme~t and collection hareof: (1) agree to pay atl expe~sQs irxurrsd or pa~d in the protectio~ ot Collateraf a ihe entorcernsnt hert- ` whether tM Bank is obligated there(o. or not, including attaney's fees equal to 1096of the amou~t in default w wch larger amouni as may bs reasonade ~ t~~~ serwce~ and expenses irxurred in the entorcems~t hereof e~ther prior or wbsequent to judgment and whether in judic~al proce~d~nqs o~ otherwise, and also ' cnose costs, expenses a~d reatonable attaney's tses incurred in appellate proceeciings; !2) wsiv~ prtse~tment tor payment, demsnd, notice ot non-payment, nr~i~ce of p~otat and protest oi this Note; (3) consent to and waivs notice of any ar?d all renewsls w sx~e~s~ons of time, wa~vsrs, or modif~cat~ons that may bs yr.~nted ~y tM Bank with respect to the payment or othe~ provnia?s of this Nate o~ to the release of any Oblga or the Collateral or any part thereof, with o~ ..~~hou~ wbstitution; aod (4) agrea tAat additwnal maker:, endorsers, guarantors a suret~es may become parties he~eto without ~otice to them a a(lecting their I~abd~ty AQreundsr. ~ The Bank may at a~y timc in its sole diu~etion compromise, settle or extend the time oi payment ot any ot the demands a obt~gations, represented by any c,f !he feturitief pledged he~eunder and all ot the parties liable tor [he payment hereof hereby make, tonstitute and appoint the Bank, his w their true ancl lawful a~corney tor Mis purpose with tull power and authority to compromise, settle or extend payme~t of said demands or obligations and to soquire, ss[isty w dis- ~ cnarge the same of record w otherwise as the parties i~able fw the paymem w collection he?eof mgAt or could do if per~onally present. The Bank shall not be ' ~~,;!er any lisbi!ity or obtigation to take any steps whatsoever to fix any liability upon o? to collect a to entorce paymeni of any obliga!io~ pledged as security ne~ eunder whethe? by giving a~y notice, presenting, dema~ding payment, protest~ng, instituting wit w othervvise. ~ The Bank shall not by any act of omiuion or commiuion be deemed to waive a~y of its nghts or remed~es hereunder unless such waiver shall be in writirg j .~-,d s~gned by the Bank and then only to the extent specitically set (orth therein: a waiver on one event shall not be co~strued as coMinuing or as a bar to a ~ ..a~ver of suth right or rert~cdy o~ a subsequent event. ~ The liabitity oi each Obligor shall be absolute and unconditional and without regard to the Iwbil~ty o( any other party hereto. Any no~ice shall be suff~cient- ~ v served upon all Ob6gors by serving wch notice upon a~y one Obligor. The notite shall be sutlic~eoUy served it plated in the mail, postage prepaid, addressed ' o~ leit upon the premises o( a~y Obligor at any address shown on the Bank's records. NOTICE: SEE OTHER SIOE FOR IMPORTANT INFORMATION - ; ~ EACH MAKER ACKNOWLEDGES RECEIPT OF A CONFORMED COPY OF THIS NOTE ON THE ABOVE DATE. ~ 43~0 S14' 84th Av~. ISEAII O'~'~~ Cl~ ~ ADDRESS N~ ASI TjJ E F i1AAKE • L - ~+i ~Tf , fi 332~5 ~SEAL? ~ - u~ AODRESS ' j~.Gt~{pTuf2 ~MAKER a s~ i. ~ ~ ~ ENDORSEMENT ; In addition to the liability as endorsers, which the undersigned hereby assume, for vatue received and intending to be Iegally bound, the undersig~ed (and i( ~ -ro~e chan or?e, each of them jointly and severally) (a) hereby uncondit~onally gua~antee the payment of the within Note and aIl extensions or renewals thereoi ;nd all sums payeble under or by virtue thereot including, without lim~tation, alI amounts of principal and interest and alt expenses (includirig attorneys' fees, ~ .:hether lncurred in tnal or appellate proceedings) incurred in the collection thereof, the eniorcernent of ri ts thereunder or with re gh spect to any security there- i ~o~ and the enforcement hereof, artd waive presentme~t; demand, ~otice of dishono., protest, notice of p?otest and alI other notices whatsoever, a~d (b) consent f ,,•,d ag+ee that they are bound as Obfiyors under the terms of and are wbject to all provis~oos set torth on the fact of said Note as full as th th y ough ey were each +'.jaker thereof, a~d to the exercise by the holder of each and every right there~n set forth o~ permitted by taw, all without notice to or consent of and without . t~ecting the Iwb~lity ot the undenigned, and turihe~ coruent and agree that any o( the undersigned may be wed by the holder hereof with w without joining ;ny of the other endasers or Makers of said Note and without (irst or contemporaneously wing any wth other persons, or otherwise seeking or prpceeding to j cc;uect from them or any oi them. (SEAL) ADDRE55 SIGNATURE OF GUARANTOR ISEAU AODRESS SIGNATURE OF GUARANTOR ~ ~ ~ : ~ 90Gr ~aGE ~7~ 1 ii .