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HomeMy WebLinkAbout2658 ~ : .rst• ' ~ 1t . lE :his agreement is security for a loan to be used to pay a part or all of the purchase price of the collateral; to use the pcocetds of the bas to pay the purchase price. filing fees and insurance premiums. The Berated Party however, may pay the pproceeds directly ro rite seller of the collateral. To immed}'ately notify ehe Secured Party is writing of any change is or discoatiauaace of Debtor's place or places of busiaess andlorcesidence. That if the collateral has been attache) to or is to be attached to real estate, a description o[ the real estate sad the name sad address of the record owner is set forth is the schedule herein; f-che said collscecal is attached ;o real estate prior to the perfection of the security interest granted hereb~r, Debtor will on demand of the Secured Party famish the latter with a disclaimer or disclaimers, signed bf all persons havtag as iatecest in the real estate,ofanyintetestiathecollateral which is prior co Secured Party's interest. THE PARTIES FURTHER AGREE Notes, if any, a:crated ip conaectioa with this agceemepe, ace separate iastrumeats and may be negotiated by Secured Party. without releasing Debtor. the collateral, or soy guarantor of eo.maker. Debtor consenes co any a:tension of time of paymrnc. If dtecE be more than oar Bebror, guarantor or co~tuker of this agreement oc of notes secured hereby, the obliga• iron of alt shall be primary. joist aad several. ~?aiver of oracqutescrnce in soy default by the Debtor,ot failure of the Secured Patty to insist upon strict performance by the Debtor of any warranties oc agreements sn this security agreement, shall rent consutnce a waiver of any subsequent or ocher default or failure. Notices oo either pparty shall be is writing and shall be delivered personally or by mail addressed to the party at the address herein sec [orth or otherwise designated is writing. The Uaitotm Commercial Code shall govern the rights, duties and remedies of the parties aad any provisions herein declared invalid under any-law shall not invalidate any other provision or dtis agreemrnt. The following shall constitute a default by Debtor: Failure to pay the principal or any instalhneac of principal or of interest oa the indebtedness oc any notes when due. Failnte by Debtor ro comply with or perform any provisioa of this agreea?rnt. False or mtsleadiag represrntations or warraauea made or givrn by Debtor in oomecdon with this agreemrnt. Subjection of the collateral ro leery of a:ecutioa or other judicial process. Commrncemrnt of any insolvency proceeding by or against the Debtor or of any guarantor of or surety for the Debtor's obligations. Death of tier Debtor oc of my Guarantorof or surety for the Debtor's obligations. Any reduction is the value of the collateral or soy act of the Debtor which imperils rise prospect of full performance or - sacisfaccioa of the Debtors obligacioos herein. Uppoon anq default of the Debtor aad ac the opption of the Secured Patcp, the obligacioos secured by this a reemrnc shall _ immediitety become due aad payable in full widsous notice or demand aad the Secreted Party shall have all the rights, rem- edies and privileges with respect co repossession, reception and salt of the collateral and disposition of the proceeds as are acrnrded ro aSecured Party by the applicable sections of the Unifoaa Commercial Code respectieg-~Befgult', ip effect as of the date of this Securecy Agreemrnc. - Upon any default, the Secured Party's reasonable attorney's fees and the legal and ocher estprnses for putsuipg, searchioa for, receiving, calcine, keeping, storing, advercisina, and selling the collateral shell be chargeable ro the Debwc. The Debtor shall remain liable for any deficiency resulting from a sale of the collateral and shall pay any such de- fieirncy forthwith on demapd. - r If rite Debtor shall default in the performance of aad+ of the provisions of this agreemrnt oa the Debtor's part ro be_ pro- [armed, Secured Party may perform same for the Debtor s account and anq monies astprnded in so doing shall be chargeable with interest to the Debmr apd added m rite Indebtedness secured hereby. In conjunction with, addition ro or substitution for chose rig}tcs, Secured Patty, at his discretion, may: (1) enter upon Debtor's premises-peaceably by Secured Party's owp mesas or with legal process and cake possession of the collateral, or render it unusable, of dispose of chc collateral on the Debcor's~remrses aad the Debtor agrees not to resist or interfere; (2) tegnite Debtor ro assemble the collateral apd make it available to the Secured Party at a place to be designated by the Secure.l Parry, reasopably caavrnirnt to both parties (Debtor agrees that the Secured Patty's address as set forth above is a place reasonably con7eaienc for such assembling);,(3) unless the collateral is perishable or threatrns to decline speedily ip value or is of_a type customarily sold on a recognized market, Secured Party wiU give Debtor reasonable notice of the time and places of anypublic sale thereof or of the time after which any private sale or say other-intended disposition there- of is to be made. The requiremepts of reasonable notice will l•e met if such notice is mailed, postage prepaid, to the ad- dress of the Debtor shown above, at least three days before the time of sale or disposition. Secured Percy may sssi$p this ogreemrnt and sf assigned the assignee shall be rndtled, upon potifyipg the Debtor, ro perfotttaaact of all of Debtor s obligations and agreemmcs hereunder aad rite assignee shall be mcicled co all of rite rights aad remedies of cheSecvred Party hereuader.Debtor will assert no claims oc defenses Debtor may have against the Secured Partyy_:gaiaat the assignee. The Secured Party is hereby authorized ro file a Fiaanciag Scacemept. M~ ~~~re ~I tt.. i.•-a.Yw ~.Y~ ~ •^.~-1 M~.~'wMNr `f~.~ ~ il. ~.f . 1 , y,^ , ifMINOLR IORM ~ ~ _ ' i - _ ' ~ lt~ortgage Note ,571 a 000 t 00..-.............._. ..Pt.....~1,f17C~~__.--. Florida ...............Oc toter 1,........_........19.. 79 fOR VAIUE RECEIVED the ertdersipnad promises ro pay w Ilte order d .........l~f~haf:~....IElgra,Y.ftl.a.ft...BafJ...1~8xi.e_.III rBVBl, 8 ~A.~...bia_.~tif~.._...............__........ th. prirKipal of..._sevent~r-one. thousand .and.»i1o/100------------------------------------------ ........................................................oofla.e together with interest thereon al IIM rata of....._._9 :..............per eeM par artrww hew-...~~.~.»...............»........_....»..............................................................-....... caul maturity, both principal anti interest being payable in Lawful fNortey d the United States, such principal saw and iMertsl payable in installmsnls a: follows: Interest only in the atnou~t of $532-.50 on the 1st day of November 1979 and the 1st day of December 1979. Thereafter on the 1st-day of Jaf'luary 1980 and the_first day of each and - every tttonth thereafter for a period of 240 consecutive months the sum of .$638.81 until the note is gaid in full. Payment of $638.81 shall apply first against the interest accruing under this note with the balance to be applied against the principal due under the 'note. This note tray be prepaid in whole or in part after January le 1980 without penalty. This note is assumable. Such inslsllnteN payments shall be applied first to the iMereN accryinp larder tM tetras of this~noN and 11Nrt to a reduction of IM principal indebtedness. The makes and endorsee d this ewe lwther spree to waive demand, notice d tttarrpayraent and protest, and M tlta event soil shall be brought (or IM colkction hereof, or else same has to be Collected upon demand of an attorney Ip par rNSOnabA attorney's Rees for tasking such collection. All payments here- cnder shall bear interest sl the rats d...~.....,.....perceM per annum frost Ralurily until paid, l'Mt Hole a seared by a tstortpape of even dale hcrewilh and is to be construed and enforced sccordinp ?o ttte laws of the State of Florida; t-gon debull in tM payment d principal and jot intaresl when dw, the whole sum of princ~p~l and interest remaining unpaid shsU, at the option d lfN holders, petotM irtrnediately and paysb! 'Iwe to a 'm This option shalt not eonstilwa a waiver of tM npM to ueerase lire same in the weN d subsaqutnt defetAt. Payable sl.....135. »Qu@@n8µltoad ~Zi»~P .rc._~l~f"i. fl.... ~'.a ...............................................iSEAIi ~ Ft. Pierce Florida 33452 . ~ ....................................t---•~---................................................_.................._... .i...... P.l:'~~~a13n5... SEAL) i or such other place as shall be• rtai7..a..........._.. ............._._.......:.........._.._:........fSEAI) designated w the bolder of lhi~ - note in wrilwt f. - - . u . So r ..lsEAy • • ak , ~ f a~x317 P~~E2f~~ i