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HomeMy WebLinkAbout0081 i INSTALIMENT PROMISSORY NOTE _ a ~ ~~~i~ ~ (A) Amoum RKYiwd S ' f 6ANK NAME . (8) Pt~mium tw Credit ? 0 ~ ~ld ~1EwSE'~ ~E~II~ R.. Lif.~a~~~~tr s~~ s ~ Icl Docum~oary stamp~ S~r OFFICE AODRESS ID) OthK Charyes litemii~) IEl . S W~ - NOTE NO. OATEO: ~ . 19 (F) _ ~ oue: ~''~1 1 ,~9~ . ~c~ in 8 c Fo ~ s i.l~tt.64 (H) Interat = ~ - P~ACE: . FIORIDA (1) Credit Invsstigation S~~ . IJI Other S ~ For vaiw recaived, the unde~siyned (he~einsiur ulled "Maker") jointly and severally (if (K) more tM~ one) promise to pay to t or~Qf ~Ba~k; at its oitice listed abovs, tl~e_Toal ot Psymtea (trom IN) st rightl of 3• OoUsrs psyable in1~ - s~~ ' epua~ month~y insta~~ments ot S • ~ ~~t IMI FINANCE CHAi1GE ~ IH, 1, J, K, L) S • mstallp~ t due on ~ i , 19_, and wbsequent installrtwntt dus on • (N) Totsl of Psymena (G + Ml S the js~ of eacA month tMreafter, toy~~ner vri~h s F~NAI. eA~~oOn~ PAVMENT OF: ANNUAL PERCENTAGE RATE 10~~ % • S ~ OUE The Bank shall impose a dalinquency charge apainse the Maker on any payment which has become dus and remains in detault fo~ s p~riod in ~xpa ot 10 days in an amount equsl to 59L ot the amou~t oI the principsl part of the payment in default. In the event that the Nate is not paid in full ~t maturity, sil psy- ments, whether principal, interest or othervvise, shatl besr interest at the maximum legal rate allowed under the laws of ths Stste of Flo~ids. All psyments made hereundsr shall be cred~ted tirst to interest and then to prinCipal, however, in the event ot default, the 8ank may, in its sole discretio~, apply any psyment to ~nterest, principal and/or lawtul charges the~ accrued. It is the i~tention ot the parties hereto that ihe provisio~s Aerein shatl ~ot provide directty or indirectly for the payment ot a greater rate of interest or the retention o( a~y other charge than it allowed by law. li, tor any reason, interest in exceu of wch legsl rate o? a charge prohibited by law shall at a~y time be paid, any wch excess shall either constitute and be treated as a payment on the principal w bs retunrkd directly to [he Maker. 7he Maker may prepay the entire unpa~d balance ot the loan at any time. It the loan is {xepaid in tull, accelerated or refinanced, the Msker shatl receive a refund oi the unearned portion of the interest and i~wrance premiums computed by the iiule of 78's method, excep~t that the Bank shall be entitled to retain a mmimum interest tharge of ~1.0(1. CREOIT IIFE AND CREDIT LIFE & DISABILITY INSURANCE ARE VOLUNTARY AND NOT REQUIRE~ FOR CREOIT. Such inwrance toverage is available at the cost designated below for the term of the credit: (a) S for Credit Life Inwrance (b) S tor Credit Life & Disability Insurance: Check ? Credit Life Insurance is desired on the life oi , qpp~, Birthdate Box ? C~edit Lite & Disability Insurance is desired orf Birthdate ~ Credit Life and/or OisObility Inwrance is not desired. ~ Date: a~ Signature ~ • ~ Signature ~ e vr~t • . I As security for the payment af the Note the Irtaker herebv rants to the Bank a seturity interest in e followi pro ty: i 3 ~14 . No. D- as ~ sa - ~ncluding all increases, wbstitutions, replatements, additio~s and accessions thereto and in the proceeds thereof (hereinafter called "Collateral"1. This seturity 'i mterest sfwll alw secure any other iodebtedneu or liability of the Make. to the Bank direct or indirect, absolute or contingent, due w to become due, now ex- ~ isung or hereaiter arising, including all future advanees or loans by the Bank to the Maker. The Ba~k is also given a lien and a security interest in all property and securities of the Maker, endorser; surety, guarantor at accommodation party of this ~ Note Ihereinaiter referred to as the "Obligors '1, now in w at any time hereafter rnming into ihe rnntrol, cus~ody or possess~on of the Bank, whe[her for the ex- ! pressed purpose of being used by the Ba~k as Collateral, or for any other purpose, and upon any balance or balances to the uedit of any accounts, including trust and agency accounts maintained withthe Bank by any oi the Obligors, and the Obligors agree co deliver to the Ba~k additional Collateral or make such ~ payments in reduction oi the principal amount of the loan as shatl be satisfactory to the Bank, in the event the aforementioned Collateral shall decline in value or become unsatisfxtory to the Bank. 3 nges of, o? substi~utions tor the Collateral, ayments on account of this loan or inueases of the same, or other loans made ~ Additions to, reductions or excha P ; partially or wholly upon the Collateral, may from time to time be made without affecti~g the provisions of this Note. The Bank shall exercise reasonable care in cne custody a~d preservation o( the Coltacerat to the extent required by applicable statute, and shall be deemed to have exercised reasonable wre if it takes such act~o~ fw that purpose as Maker shall reasonabty requat i~ writing, but no omission to do any act not requested by Maker shall be deemed a tailure to exacise reasonable care, and no omission to comply with any request of Make? shall ot i[self be deemed a failure co exercise reasonable care. Bank shall not be bound to take any.steps necessary to preserve any rights in the Collateral against prior parties and Maker shall take all necessary steps for wch purposes. The Bank or its nominee need not tolleCt interest on, Or a pri~tipal ot, any Collaterel or give any notite with respect to it. The Bank may continue to hold any Collateral deposited hereunder after the payme~t of this Note, if at the time of the payment and discharge he~eoi any of , the parties liabl; fw the payment hereof shall be then directly or contingently liable to the Bank as Maker, endorser, surety, gua?antor or accommodation party of any other note, dratt, bill ot exchange, or other inst.ument, or otherwise, and the Bank may thereatter exercise all rights with respect to said Cotlateral g+anted herein eve~ though this Note shalf have besn surrendered to the RAaker. If tF?e Bank deems itself insecure or upon the happenin9 of any of the following events, each ot which shall constitute a default, all liabilities of each Maker to the Bank, includi~g the entire unpaid principal of this Note and accrued interest, less any unearned interest and any interest in excets of the maximum allowed by law and any rebates required by law, shall imrnediately or thereafter, at the option oi Me Bank, except that the occurrence of (c) or (d) shall cause automat- ~ ~c acceleration; witl?out notice or demand, becomedue and payable: la) the failure of any Obligor to perform any oWigation, liability or claim to the Bank, to pay ~ ~n[erest hereon within lOdays aite~ it is due, or if there is no due date, ai~er it is billed or otherwise requested or demanded, w to pay any other liabitity what- ~ scever to the Bank when due; (bl the death o( any individual Obligor, the dissolution of any partne/ship Obligw or the diuolution, merger or oonsOlidation with- out the Bank's prior written consent of any cwporate Obligor; (c) the fiiing of a petition in bankruptcy w the adjudication of insolvency or bankruptcy under ~ any reorganiration, arrangement, readjustment of debt, diuolutio~, liquidation w simitar proceeding under any Federal or state statute, by o? against any ~ O~•tigor; (dl an application for the appointment oi a receiver for, w the making o( a general aui9nment for the benefit of creditors by, any OWigor; (e) the entry ~ of judgment against any Obligor, (t) the issuing of any attachment or gamishment, or the tilirg ot any lien, against any prc>pe?ty of any Obligor; (g) the taking of , ~ possession of any wbstantial part oi the property of any Obligor at the instance of any governmental authwity; (h) the determination by the Bank that a materi- I ; al adverse dwnge has oocurred i~ the financial co~dition of any Obligor from the conditions set forth in the most retent tinancial statement of wch Obligor ~ he.etofore fur~ished to the Bank, or from the ca~dition of wch Obligor as heretofore most recently disdosed to the Bank, or that any warranty, ~epresentation, certificate w statement of any Obligor (whether co~tainsd in this Note or notl pertainirg to or in connection with this Note or the toan evidenced by this Note ~ contairu an untrue statement of material fact w omits to snte material fact necessary in order to make the statements made not m~sleadirg; w, li) the assign- ment by any Maker of any equity in any of the Collateral without the priw written consent ot the Bank. The Bank shall have, but shall not be limitad to, the followiny rights, each of which may be exercised at any time whetAer w not this Note is due: (i) to pledge or trsnsf~r this Note and ths Collateral snd tM Bsnk shall the?eupon be relievsd ot all duties and respo~sibilities hereurxier eM1 rNie~red from any and sll ~ liability with retpect to any Collateral so pledyed or transferred, and any pledgse or transferse shall tor all purposes stand in the plsp of the Bsnk henurWer snd ~ have all tl~s rights oi the Bank hereunder;lii) to transfer the whok or any pert ot the Coltatersl into the nsme oi itselt or its nominee; (iii) to vote the Collatersl; , (iv) to notify the Obligon of any Collateral to make psyment to the Bank of any amounts due or to become due thereon; (v1 to demsnd, we ta, cotlxt, or make any compromise or settlsment it deems dairable with reference to the Collateral; and (vi) to take posseuion w control of any proceed~ ot Collatersl. i .r f . r. ~ . ~ M~M ~1~~fi ~saas T~ti• R~rf Assoc.lat~st Iac. ~o~ tts u NOTI~E: SEE OTHEH SIDE FOR~~II~PO T NT INFORMA710N s FBS 752 Rev. 7/77 ~j ~ ~Lu!! ~ V1 .,,..f,._.:. , _ , - - - _ - a~Yzs:~~:~~;~